Can a man be ordered child support if he never signed a birth certificate? 31 Answers as of July 09, 2013

My fiance was ordered to pay child support for his children from a previous marriage. He never signed their birth certificates. The mother wanted it that way.

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Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
How is the child and did he sign the voluntary declaration of paternity?
Answer Applies to: California
Replied: 7/9/2013
Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
One's signature on a birth certificate is not the determinative factor. Many jurisdictions require DNA testing to determine who is the father. In some cases, the court will take into consideration whether a person has held out the child to be his or hers and whether that person has formed a bond with that child. If your husband is disputing parentage or the amount of child support, then he should contact an attorney to review the matter in detail.
Answer Applies to: Washington
Replied: 9/14/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
If this is in WI, and he was married at the time, and then later divorced, listing the two children as theirs, then they are presumed to be his, and his legal obligation to support. The birth certificate does not control. He is entitled to have his name added to it. If there are other circumstances/facts, then he should consult with an attorney to discuss any potential options he may have.
Answer Applies to: Wisconsin
Replied: 9/14/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
Where a couple is married the husband is not required to sign the birth certificates. Any child born from the marriage is deemed to be a child of the marriage. Your fiance will be required to pay child support for the children.
Answer Applies to: California
Replied: 9/14/2011
Michael D. Fluke, P.A.
Michael D. Fluke, P.A. | Michael D. Fluke
If Paternity is established by a paternity test or because your fianc never responded to the child support action, he can be accountable for child support regardless of whether or not he is on the birth certificate. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answer Applies to: Florida
Replied: 9/14/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Yes he can if the children are proven to be his children.
    Answer Applies to: Alabama
    Replied: 6/25/2013
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    If he is ordered by a court to pay child support, then chances are an action was filed to have the court determine that he is the biological father (Paternity Action).
    Answer Applies to: Michigan
    Replied: 9/13/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    If he's the father of those children, he will be required to pay child support. The mother may not have allowed him to sign the birth certificate, but DNA can still provefatherhood. Good luck.
    Answer Applies to: New York
    Replied: 9/13/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    In Georgia, if children are born during the marriage, the husband is the legal father, regardless of who is on the birth certificate.
    Answer Applies to: Georgia
    Replied: 9/13/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    If he is in fact the father, whether he signed the birth certificate or not is a moot point, he is still responsible for the children. The bigger question is, has paternity been established?
    Answer Applies to: Illinois
    Replied: 9/13/2011
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    When a child is born during marriage the father is presumed to be the father. If father did not challenge parentage ate the time then he can be made responsible for child support.
    Answer Applies to: California
    Replied: 9/13/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes, The father is presumed under law if te child was born during the marriage.
    Answer Applies to: Minnesota
    Replied: 9/13/2011
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    If your fianc was married to the mother of the children at the time of their birth, he is presumed to be the father under Ohio law. If he doubted his paternity, the time to challenge that was when he and his wife divorced.
    Answer Applies to: Ohio
    Replied: 9/13/2011
    Law Office of Margaret D. Wilson
    Law Office of Margaret D. Wilson | Margaret Wilson
    In California the husband is presumed to be the father of the children and therefore the signing of the birth certificate is not required. If a man wants to rebut the presumption of fatherhood he must do it with 2 years of the birth of the child pursuant to Family Code Section 7541.
    Answer Applies to: California
    Replied: 9/13/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Children born during a marriage are presumed to be children of the marriage.
    Answer Applies to: Connecticut
    Replied: 9/13/2011
    Linda C. Garrett Law
    Linda C. Garrett Law | Linda Garrett
    Yes!!! If father denies paternity, you can also have the court order him to be genetically tested. The birth certificate has little influence because , in the end, it's just a piece of paper that can easily be falsified as to most facts.
    Answer Applies to: California
    Replied: 9/13/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Of course he has to support his children. If he doesn't he will go to jail. And it's his fault, not hers, that he is not on the birth certificate, so don't let him mislead you. He could have filed at any time to amend the birth certificate and apparently chose not to.
    Answer Applies to: Georgia
    Replied: 9/13/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    If he was married to the mother of the children when they were born, he is presumed to be the legal father of the children. It is less significant whether he signed the birth certificate or not.
    Answer Applies to: Florida
    Replied: 9/13/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Yes. Once a judge rules that the child is the father, child support can, and almost always will be, ordered. The absence of his signature on the birth certificate means nothing except that paternity has not yet been decided.
    Answer Applies to: Colorado
    Replied: 9/13/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Yes. You state that he was married to the mother of the children and that they were from the marriage. Washington law, therefore, is going to presume that he is the father and that therefore he can be ordered to pay support.
    Answer Applies to: Washington
    Replied: 9/13/2011
    Law Offices of Steven A. Hemmat
    Law Offices of Steven A. Hemmat | Steven A. Hemmat
    Yes. Not signing the birth certificate doesn't determine whether the person is the father of the child.
    Answer Applies to: Washington
    Replied: 9/13/2011
    Law Offices of Marshall R. Hoekel, LLC | Marshall Hoekel
    Yes. As long as a court makes a finding of paternity.
    Answer Applies to: Missouri
    Replied: 9/20/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes. So long as paternity is established.
    Answer Applies to: California
    Replied: 9/13/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Regardless of whether a man signs birth certificates he can still be ordered to pay child support if he is the biological father of the children.
    Answer Applies to: California
    Replied: 9/13/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    If they were married when the children were born then yes he is presumed father no matter what the birth certificate states.
    Answer Applies to: Massachusetts
    Replied: 9/13/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Yes, he still would have to pay child support even if his name is not on the birth certificate. I am assuming that the children were born during the marriage and that they also were addressed in the divorce decree as children of the marriage.
    Answer Applies to: Georgia
    Replied: 9/13/2011
    Reza Athari & Associates, PLLC | Riana Durrett
    If a court orders child support and a party does not pay the child support, then the court can order sanctions, such as attorney's fees, contempt fines, etc. It's generally best to seek a modification of a court's order or reversal of the order, rather than just ignoring the court's order. Therefore, your question should be addressed to your attorney or with the court if you are not represented by an attorney.
    Answer Applies to: Nevada
    Replied: 9/13/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Yes. If he was married to the woman when the children were conceived and born, there is a presumption that he is the legal father. The divorce judgment probably states that he is the father of the children.
    Answer Applies to: Oregon
    Replied: 9/13/2011
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