Can I still get child support if my baby’s last name is mine? 26 Answers as of June 11, 2013

I’m expecting a baby but I’m not with the father. I am not planning on giving my baby the last name of his father. Can I still get child support if my baby’s last name is mine?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
The child's name has nothing to do with child support. That said, once you file the Petition to Establish Paternity and get child support, the Father may ask for the child's name to be changed to match his. That is a father's right.
Answer Applies to: Texas
Replied: 4/27/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
Yes you can. Child support is for the benefit of the child, no matter what their name is.
Answer Applies to: Oregon
Replied: 4/26/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
You may obtain child support from the "father" of the child regardless of the last name of the child.
Answer Applies to: California
Replied: 4/20/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Yes.
Answer Applies to: Alabama
Replied: 6/11/2013
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Yes, the child's name is irrelevant to the financial obligation of a parent. However, by opening a judicial case to establish paternity in order to obtain child support, you need to recognize that will also open the door for the father to seek involvement in the child's life, including the right to have the child bear his name.
Answer Applies to: Colorado
Replied: 4/19/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The name of the child is irrelevant to whether a person has parental rights or pays child support. Once paternity has been established, custody can be determined and a court may determine what, if any, child support is payable based on Minnesota child support guidelines.
    Answer Applies to: Minnesota
    Replied: 4/19/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    Yes you can get child support. The child's last name is not a factor in the situation of child support. Paternity must be established and them child support can be set. I encourage you to contact the office to set an appointment to discuss your particular situation.
    Answer Applies to: Illinois
    Replied: 4/19/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    Yes you can request and obtain child support for the father regardless of the name.
    Answer Applies to: California
    Replied: 4/19/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    Yes you can. You would need to do a Paternity action or have him listed on the birth certificate and then it is just a math problem, and you should receive child support. We offer free consultations when it comes to family law, give us a call today.
    Answer Applies to: Utah
    Replied: 4/19/2011
    Rhonda R. Werner Schultz, PL
    Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
    In Florida, in order to get child support you must file a petition for child support once the baby is born. It does not matter what the baby's last name is to get child support. However, as part of the child support action, paternity is typically established naming the father and the father has the right to have his name as part of the baby's name also - meaning the baby's name can be changed from your name only to both of your last names hyphenated. If you receive any public assistance, the Department of Revenue will pursue child support on your behalf.
    Answer Applies to: Wisconsin
    Replied: 4/19/2011
    Law Office of Martin Blank
    Law Office of Martin Blank | Martin E. Blank
    Yes.
    Answer Applies to: Michigan
    Replied: 6/11/2013
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    Yes, you can still seek child support regardless of the baby's last name. The father, however, may seek to legitimize the baby so that he can have all of the legal rights as well as responsibilities of a parent. When a child is legitimized, the courts will typically change the child's last name to the last name of the father.
    Answer Applies to: Georgia
    Replied: 4/18/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Absolutely. If you wish to discuss further we have an hour no charge initial consultation.
    Answer Applies to: Connecticut
    Replied: 4/19/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    A child's last name has nothing to do with whether or not you are entitled to child support. Please note, however, that if he files a motion to establish a parental relationship, he can request that his name be added to the birth certificate. If you are looking for an attorney and am in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 4/18/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    The child's last name is not a critical element for support. The parentage of the child is. If the father contests parentage, a DNA test can confirm or rule out that man as the child's father. Whatever name you gave your child, your child is entitled to be supported by by both parents. You should consult and retain an experienced Family Law Attorney to file a Paternity case on your behalf, but if you do so, you should be prepared for the possibility that the father may seek custody and/or support orders in that case.

    In the alternative, you may contact your county's Child Support Agency to determine how long it would take that agency to file an action for Child Support on behalf of your child, and you can determine whether you wish to retain private counsel or be at the mercy of the public agency. Differences between the Paternity case and thepublic agencycase include: Private counsel represents you, whereas the public agency represents the county/state; You pay for private counsel - who could, in the Paternity case, seek an attorney fee order requiring the father to pay part or all of your attorney's fees whereas the public agency case costs you nothing; In the Paternity case, custody and visitation issues will likely be involved in addition to Child Support and Attorney's fees,whereas the public agency case only deals with child support; The private attorney can move the case quickly, whereas the public service agency case moves far more slowly; The private attorney is accessible to you, but you will likely find yourself virtually unable to reach the public agency attorney.
    Answer Applies to: California
    Replied: 4/18/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    You can get child support if the child had your name. Once paternity is determined (either by a court case or a signature on the birth certificate) the mother can seek child support.
    Answer Applies to: Massachusetts
    Replied: 4/18/2011
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    Yes. The child's name does not matter. However, if you and the father are not married, then paternity will need to be established before support can be ordered. Paternity has nothing to do with name, so you will need to check with a lawyer in your area on how to establish paternity.
    Answer Applies to: Oregon
    Replied: 4/18/2011
    Ciccarelli Law Offices
    Ciccarelli Law Offices | Lee Ciccarelli
    Your child's right to child support is not based on her last name. If you have additional questions, now is the time to speak with our firm's divorce attorney.
    Answer Applies to: Pennsylvania
    Replied: 4/18/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Yes, but you will likely need to file a Complaint for Paternity if the biological father is not on the birth certificate.
    Answer Applies to: Massachusetts
    Replied: 4/18/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, you can still get child support despite whose name it carries. Good luck.
    Answer Applies to: New York
    Replied: 4/18/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Of course. Lots of people do not change their names when they get married. Lots of people give their children a different last name than both parents. It isn't the name that's important, it's whether the child should be supported that's important. File to establish child support ASAP. Good luck.
    Answer Applies to: Washington
    Replied: 4/18/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    Simply put, Yes.
    Answer Applies to: Massachusetts
    Replied: 4/18/2011
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