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Do I have to keep paying child support for child whom I'm not bio father?

This is a discussion on Do I have to keep paying child support for child whom I'm not bio father? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I've been paying child support for my ex-wife's 2 girls since the time we've been divorced, only one of whom ...

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Old Jul 1st, 2010, 07:29 PM   #1
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Confused Do I have to keep paying child support for child whom I'm not bio father?

I've been paying child support for my ex-wife's 2 girls since the time we've been divorced, only one of whom is mine. I did sign her birth certificate, but am wondering now if I'm legally obligated to pay child support for her. My ex tries to keep me away from the kids as much as possible, going as far as to move out of state, and even now I only have supervised visits. But she actually goes out of her way to go and visit the biological father of her older daughter, who she asks no support from, and has given nothing toward his little girl's growth and development. Is there any appeal I can make to the court to stop paying child support for a child that isn't mine, while the bio father is perfectly capable of paying support for her?
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Old Jul 1st, 2010, 08:24 PM   #2
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Default Re: Do I have to keep paying child support for child whom I'm not bio father?

This is why it's extremely important for men who know they are not a child's biological father to not sign anything acknowledging as such.

When you placed your name on the child's birth certificate, thus naming you are her father, you became her legal parent. This means you are the one legally liable for her financial upbringing.

You could petition the court to cease child support, but it's not likely to happen.

Sorry, but you signed up for being this child's legal father until she's at least 18 years old.
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Old Jul 1st, 2010, 08:29 PM   #3
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Default Re: Do I have to keep paying child support for child whom I'm not bio father?

You can always say you assumed that you were the father but as time has passed you have doubts and want a dna test done. After that is done, you can go through the proper channels to pay child support for only your child and have visitation for your child.

If you are not the biological father of the other child and you take the dna test and it is proven, the court can't make you pay child support for the one you aren't a father to.

Also, once visitation is set in place, if she with holds it from you, you can get her for contempt of court for with holding visitation.
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Old Jul 1st, 2010, 08:35 PM   #4
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Default Re: Do I have to keep paying child support for child whom I'm not bio father?

It doesn't matter. He can say that until he's blue in the face, but he acknowledged, in writing, on a legal document (vital record of live birth) that he is the child's legal father.

The time for having doubts and having DNA tests performed was before he took on the legal task of raising this child. It's harsh, but this is how the law views these situations.

While he may be able to get out of paying child support for the child he didn't acknowledge legally, he will still end up paying for the one he acknowledged by knowingly and deliberately placing his name as the father on the child's birth certificate.
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Old Jul 1st, 2010, 09:00 PM   #5
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Default Re: Do I have to keep paying child support for child whom I'm not bio father?

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It doesn't matter. He can say that until he's blue in the face, but he acknowledged, in writing, on a legal document (vital record of live birth) that he is the child's legal father.

The time for having doubts and having DNA tests performed was before he took on the legal task of raising this child. It's harsh, but this is how the law views these situations.

While he may be able to get out of paying child support for the child he didn't acknowledge legally, he will still end up paying for the one he acknowledged by knowingly and deliberately placing his name as the father on the child's birth certificate.
No he won't. The same thing happened to me. I did the same thing. Then had doubts, got a dna test and I was only ordered to pay for MY child, not the other one. I also then set up visitation for MY child.

It can be done. DNA test, all the way!!!
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Old Jul 1st, 2010, 09:22 PM   #6
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Default Re: Do I have to keep paying child support for child whom I'm not bio father?

Depends on the state, and on the judge. It doesn't always happen that way.

Besides, his situation appears to be different. His post reads like he knew the child wasn't his biologically, but chose to put his name on the b.c. as if he were anyway. A judge will take that into consideration.

Your experience is atypical.
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Old Jul 1st, 2010, 10:01 PM   #7
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Default Re: Do I have to keep paying child support for child whom I'm not bio father?

If the child was born "during" the marriage then husband is presumed Father. A Judge I supect will really frown on someone who decides to basically discard a child he/she raised as his/her own for a period of time just because the was a divorce. Unless Mom can produce Bio Dad and he takes DNA test your on the hook for support for the child you raised as your own all this time! By the way how long have you played "Daddy" to this child?
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Old Jul 2nd, 2010, 01:34 PM   #8
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Default Re: Do I have to keep paying child support for child whom I'm not bio father?

I'm not trying to discard anyone, I'm just thinking of what's best for my daughters, because I'm having trouble paying for the child support for both of them, and I know the bio father wouldn't be burdened at all. I love both my girls with all my heart. When I signed the B.C., she had said she didn't know who the father was. Since then, she's admitted she knows exactly who the father is, and she takes the children up to visit him; it's a 12 hour trip.

Thank you very much for all your responses! Any more information would be greatly appreciated.
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Old Jul 2nd, 2010, 02:11 PM   #9
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Default Re: Do I have to keep paying child support for child whom I'm not bio father?

I would have a court ordered DNA test done asap. After that has been done, take her sorry a s s to court and terminate the child support to the child that isn't yours. Have them subpoena the " supposed dad" to take a dna test to prove he is the father of that child. Then I would file visitation papers so you can see your child.
Get the ball rolling on this, if you don't then you let her win and you lose, both time with your real child and money you could be spending on your real child.
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Old Jul 2nd, 2010, 03:05 PM   #10
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Default Re: Do I have to keep paying child support for child whom I'm not bio father?

While the child should not be punished for decisions of adults, if this child's father is in the picture and the child is getting to know him as her father, then you really should petition the court for a paternity test and subpoena both your ex and the child's father for one as well.

I agree that while it's one thing to love a child, it's an entirely separate matter to pay for someone else's child so they don't have to.

I would agree with the poster above to get the ball rolling on establishing paternity and getting yourself absolved from financially supporting a child that is not yours to support.
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