Who is liable for the child support? The biological father or the one who raise the child? 10 Answers as of March 05, 2013

A man found out that he may be the father of a 21 year old. The mother was married when she became pregnant with the child. Her husband raised her son as his own. They divorced when the child was 14. Would the new father be liable for child support?

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Hamblin Law Office | Sally Hamblin
Generally, no. The father that raised the child is responsible for the support.
Answer Applies to: Michigan
Replied: 3/5/2013
Law Office of Lenore Tsakanikas, PLLC
Law Office of Lenore Tsakanikas, PLLC | Lenore Tsakanikas
Generally the biological Father.
Answer Applies to: Arizona
Replied: 3/4/2013
John Russo | John Russo
Your question is confusing to say the least, there is no detail you say the person is now 21, then you state that the mother and her husband divorced when the child was 14, was there an order, and now there is an arrears owned? Well in any event if the husbands name was on the birth certificate, and/or he was adjudicated the father at the time of the divorce he is the legal father in the courts eyes and the fact that the real father is now around means nothing legally.
Answer Applies to: Rhode Island
Replied: 3/1/2013
The Law Offices of Tres A. Porter | Tres A. Porter
You should consult with a family law attorney in your area, but generally the answer is no. As a child born into a marriage, the husband is legally presumed to be the father. In most situations child support terminates at age 18 or at age 19 if the child is still enrolled in high school.
Answer Applies to: California
Replied: 3/1/2013
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
When a child is born during a marriage, the husband is legally presumed to be the father until a court rules otherwise and legally declares someone else the father. From your facts, the "new" father is not legally the father and has no financial obligation until a court rules he is the father and the husband is not. Since no one is now legally liable to support the 21 year old anyway, it is highly unlikely that any court would allow the husband to deny paternity 21 years later or the "new" father to even attempt to claim legal paternity.
Answer Applies to: Colorado
Replied: 3/1/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    There is a legal presumption that a child born during a marriage is the product of the marriage. Therefore, if there is no other complaint or action the husband pays the support.
    Answer Applies to: Michigan
    Replied: 3/1/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    Possibly. If the husband held out the child as his own and the father was a biological father only.
    Answer Applies to: California
    Replied: 3/1/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    No, it's too late to recover it. The statute of limitations has run.
    Answer Applies to: Idaho
    Replied: 3/1/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    The child is no longer a minor. If there was no court order for payment of support, then neither man needs to worry about it now. Based on these facts, it appears that the husband would be the one liable for child support.
    Answer Applies to: California
    Replied: 3/1/2013
    Carey and Leisure | John Smitten
    No.
    Answer Applies to: Florida
    Replied: 3/1/2013
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