Do I have to pay child support if the child is not mine but has my last name? 24 Answers as of October 28, 2011

If the child was born during the marriage, the child is presumed yours.

If paternity has not been determined, no child support would be payable. A paternity action may be commenced at any time or may be found if you signed what is called a Recognition of Parentage.

If you can successfully show that the child is not yours, then you do not have to pay child support. (The child's last name is irrelevant.)

Whether you are required to pay support does not depend upon the last name; it depends upon whether you have been determined to be the parent of the child. It is possible that you could be the presumed or alleged father of a child; whether you can challenge this depends upon the facts of your situation. Consult with an experienced attorney.

In Wisconsin, you would need to contest paternity when the papers are filed for that. Usually when child support is sought, the paternity action is filed. That is the time to request a blood test. If you do not, you will be presumed the father and then, yes, you will have a duty for child support.

If the child is not yours you are under no obligation to pay child support. If you are assumed to be the parent however, you must file a paternity suit to prove that you are in fact not the parent to be dismissed of your obligations.

If you have been ordered to pay child support somehow, either through DCS or through the court, then, you are going to have to pay child support until there is a court action finding you not to be the father and turning off the child support.

No unless you have been "holding yourself out to be the father" of the child for some time. Case law has established that, when a person is believed to be the father of a child and "holds himself out to be" it would be against public policy and not in the best interests of the child if later the "father" learns that he is not.

To be relieved of an obligation to pay child support under the laws of Virginia, the obligor needs to petition the court under Va. Code Sec. 20-48.10 to examine and rule on the evidence which may include the need for a paternity test.

The fact that the child has your last name raises important questions, one of which is have you adopted the child? Or, does the child have your last name because the mother assumed the child was yours at the time of birth and the naming of the child on the birth certificate and only after DNA testing determined that you were not the biological father? If the latter is correct, and you have lived with the child and raised the child as your own, you may be considered a "de facto" parent and a "de facto" parent is not obligated to pay child support. However, you may be entitled to visitation with the child in the even that you and the mother are no longer involved.