Should I still make child support payments if my name is not on the birth certificate? 35 Answers as of July 02, 2013

If my name is not on the birth certificate or the baby should I still make payments?

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Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
Is there a child support order in place? If so, you should make payments. If there is some doubt that you are the father, you should file a motion to determine paternity so that a DNA test can be ordered.
Answer Applies to: Florida
Replied: 1/10/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If you are the father, you should support your child. Whether or not your name is on the child's birth certificate is immaterial. If a Court has ordered you to pay Child Support, you must comply with the Child Support Order, or you will suffer adverse consequences, including but not limited to interest at 10% per annum, possible monetary penalties, potential Contempt of Court proceedings, suspension of any licences that you hold (including your driver's license), and interception of any income tax refunds. If there is no Child Support Order against you, you would not risk those consequences if you stopped paying Child Support, but the mother would then likely seek a Child Support Order against you, either through a Child Support Governmental Agency or a private attorney.
Answer Applies to: California
Replied: 1/9/2012
R. Mark Rose Attorney at Law | R. Mark Rose
If there is an order you must obey it whether your name is on the birth certificate or not. However, paternity must be established for the order to be valid and enforceable. If you are the father you are entitled to have the child bear your name.
Answer Applies to: California
Replied: 1/9/2012
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Are you court ordered to pay child support? If you are under court orders, you have to follow the court orders. If you are not under court orders, you should probably get some. Here is why. Mom and Dad have equal rights until a court says otherwise. Possession is the key right and since both of you have right to possession 100% of the time, if you are paying support and have not court orders, the other parent can deny visitation and there is nothing you can do about it. Plus, are you certain it is your child? Why wasn't your name put on the birth certificate? DNA is painless, simple and easy. Get it and know. Just do it. Then get court orders if necessary.
Answer Applies to: Texas
Replied: 1/9/2012
The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
Like all cases, it depends. Was the child support ordered by the court, or just something that other parent is asking for? If it was court ordered, then the court has already determined that you are liable for child support payments. If it is the parent, then if you decide not to make payments, but you are the biological parent of the child, then a court can still order you to pay later even if you do not have your name on the birth certificate. If you do not content that you are a parent of the child in question, then it is best to try and work out some situation that is best for you and the support needed for the child.
Answer Applies to: New York
Replied: 1/9/2012
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    Is this your child? If so, YES! And get a parentage action going!
    Answer Applies to: California
    Replied: 1/9/2012
    Bruning & Associates, PC
    Bruning & Associates, PC | Kevin Bruning
    If the child is your biological child or you were married to the mother at the time of birth, you have a legal obligation to pay child support. However, child support is required only if there is a court order requiring payments. Be careful, because in some cases child support can be required retroactively. For example, if your child is 4 years old and you and Mother were never married, a court can in some cases order you to pay back support for the first 4 years of your child's life.
    Answer Applies to: Illinois
    Replied: 1/9/2012
    Ezim Law Firm | Dean Esposito
    Legally, if you are not married to the mother, and a court has not determined paternity, you are not legally obligated to pay child support. Morally, if you know the child is yours, you should support your child.
    Answer Applies to: Louisiana
    Replied: 1/9/2012
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    If you don't have any doubts that the child is yours then yes continue to make child support payments.
    Answer Applies to: Florida
    Replied: 1/9/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    If you are under a court order to make support payments, you risk being held in contempt if you stop paying. If you wish to secure your rights as a father, you need to file for legitimation.
    Answer Applies to: Georgia
    Replied: 1/9/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You should follow a court order or administrative order until you change the order.
    Answer Applies to: Washington
    Replied: 1/9/2012
    The Law Offices of Diane M Sternlieb | Diane Sternlieb
    If you are the biological father and under an order to pay child support absolutely pay. The name on the birth certificate is a matter handled in a legitimation action.
    Answer Applies to: Georgia
    Replied: 1/9/2012
    Law Offices of Frances Headley | Frances Headley
    As long as there is a court order for support you should pay it. If you think that you have grounds to change that order you should consult a family law attorney or facilitator to assist you.
    Answer Applies to: California
    Replied: 1/9/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You don't indicate enough information to know why you are making any child support payments. If there is no court order, you do not yet have any "legal" obligation to pay anything. Whether you have any current "moral" obligation to pay may depend on the question of "why" you are not listed on the birth certificate. Assuming you are not married to the mother, you have no legal obligations until you are determined to be the father AND a court orders you to pay, and you can only be put on the birth certificate if both you and the mother agree you are the father. If you are not listed on the birth certificate because you do not believe you are the father or because the mother won't allow you to be listed as the father, you don't have to pay anything until you are satisfied you are the father or a court rules that you are the father. If you believe you are the father, it will benefit you to pay support now because eventually, once a court rules that you are the father, you could be required to pay support retroactively to the date of birth. The one thing that is clear, however, is that you need to get the matter resolved quickly and decisively by a court so that you don't spend the next 18 years of the child's life not knowing what your rights and responsibilities are.
    Answer Applies to: Colorado
    Replied: 1/9/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Unless you have a court order requiring that you pay support, you are not legally obligated to pay child support. If you doubt the child is yours, a DNA test would ascertain if you are the biological father.
    Answer Applies to: California
    Replied: 1/9/2012
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    If you are the child's parent, you are obligated to pay child support.
    Answer Applies to: New Jersey
    Replied: 1/9/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Child support will only be awarded if you are adjudicated as the father of the child either by a paternity determination or signing a recognition of parentage. Voluntary payments are not recommended since they may bot be credited to child support should support be subsequently determined.
    Answer Applies to: Minnesota
    Replied: 1/9/2012
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    If you are ordered to pay child support, it is almost certainly because you have been adjudicated by the court to be the father of the child. It makes no practical difference that your name is not on the birth certificate.
    Answer Applies to: Texas
    Replied: 1/9/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    If the court has ordered you to make child support payments, you make the payments. If you have been making payments voluntarily without a court order, please consult a dostic relations attorney about what alternatives may be available to you.
    Answer Applies to: Ohio
    Replied: 1/8/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You could. You are not required to make payments if you have not been ordered by the court by you could make the payments if you chose to do so.
    Answer Applies to: California
    Replied: 1/8/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If there is an order requiring you to pay support, then you must follow it, regardless of whether or not your name is on the birth certificate.
    Answer Applies to: California
    Replied: 1/8/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    If there is a court order, you had better.
    Answer Applies to: Michigan
    Replied: 7/2/2013
    Brubaker
    Brubaker | Melanie
    Whose name is on the child support order? The person named on the order for child support is legal responsible for the child support payment.
    Answer Applies to: Georgia
    Replied: 1/8/2012
    The Law Offices of Jill Puertas LLC | Jill Puertas
    If your name is not on the birth certificate, but you have done a paternity test thus proving that you are the father, you should not discontinue child support payments. If you have not done a paternity test, then technically there is no proof that you are the father and, therefore, required to pay child support.
    Answer Applies to: Missouri
    Replied: 1/8/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    You are under no legal obligation if you are not recognized as the father of the child.
    Answer Applies to: Wisconsin
    Replied: 1/8/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    If you have been ordered to do so, YES.
    Answer Applies to: Washington
    Replied: 6/2/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Yes, if you are the biological father of the baby then you are obligated to support the child whether or not you are on the birth certificate.
    Answer Applies to: Georgia
    Replied: 1/8/2012
    Law Office of William C. Wood, LLC | William C. Wood
    If there is an order in place requiring you to make payments, then you should continue to do so. You do have a right to request a paternity test if you have not already done so or if you have not signed an acknowledgement of paternity.
    Answer Applies to: Maryland
    Replied: 1/8/2012
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    If there is a court order requiring that you pay child support, then you must pay. If not, then it is between you and the mother.
    Answer Applies to: Maryland
    Replied: 1/8/2012
    Law Offices of Christina Shaffer | Christina Shaffer
    If you have a court order for child support, you need to comply with the order.
    Answer Applies to: California
    Replied: 1/8/2012
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    If you have been oordered to pay support, yes. If not and you beleive the baby is not yours, you need to file the appropriate paternity petition to find out. If yoo know the baby is yours, you have a statutory duty as a parent to supoprt your child.
    Answer Applies to: Washington
    Replied: 1/8/2012
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