Does a father have to pay child support when his name is not on the birth certificate and hasn’t seen the kid? 11 Answers as of December 07, 2012

My fiancé has a son from a previous relationship. He was paying her child support but paying cash until he started keeping him a majority of the time. He received papers on paternity he sent them back and we just received child support papers. He hasn't seen his child in eight months now, hasn't heard from her and still don't know if his name was put on the birth certificate.

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Hamblin Law Office | Sally Hamblin
If he is the father, yes he is obligated to pay. The paternity papers will be looked at and not the birth certificate.
Answer Applies to: Michigan
Replied: 12/7/2012
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
The birth certificate does not dictate any particular result concerning parental rights or obligations. If the father has signed the necessary paperwork to acknowledge paternity the vital statistics office will issue a new birth certificate; but, if that did not occur at the hospital at the time of birth someone (mother or father) needed to send the papers in. He should be able to contact the vital statistics office to find out if that ever happened. If he has admitted paternity, he will have to pay child support. If he wants to spend time with the child being a parent, he needs to file a separate legal case to get specific parenting rights.
Answer Applies to: Colorado
Replied: 12/6/2012
Woolley Wilson, LLP
Woolley Wilson, LLP | William R. Wilson
Paternity will need to be established before support is ordered.
Answer Applies to: Texas
Replied: 12/6/2012
Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
If he's the dad he needs to support the child.
Answer Applies to: California
Replied: 12/6/2012
John Russo | John Russo
I am just a little confused as to what you are asking? But if you want to know does he have to pay if he has been legally adjudicated the father, but his name is not on the birth record, and he has not seen the child, the answer is YES. They are all separate issues.
Answer Applies to: Rhode Island
Replied: 12/6/2012
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    If there is a child support order, payments must be made. From your question, it seems like the mother filed the necessary paperwork to start this process. Father should hire an attorney to make sure support is calculated correctly and the right paperwork is entered with the court.
    Answer Applies to: Michigan
    Replied: 12/6/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    He should file the appropriate motion in the paternity case to set up a parenting plan.
    Answer Applies to: California
    Replied: 12/6/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Birth certificate does not determine paternity. If there exists a court order directing him to pay and declaring him the father, then he is stuck.
    Answer Applies to: Michigan
    Replied: 12/6/2012
    Victor Varga | Victor Varga
    Name on BC doesn't matter, and neither does visitation. If he's the father, he has to pay support.
    Answer Applies to: Maryland
    Replied: 12/6/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    If there is an active paternity case, he needs an attorney.
    Answer Applies to: Florida
    Replied: 12/6/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Having seen the child or not isn't the issue. If he's the father, he pays child support.
    Answer Applies to: New York
    Replied: 12/6/2012
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