He can contest it with a paternity test
Paternity test to the court.
Yes, my husband was put on the birth certificate in Texas. He paid child support for 14 years.
Paternity test is needed
He can contest it with a DNA test for the baby but that is how it works where i live also. Your husband is automatically listed as the father unless you list a different person as the father and that person has to be present at the birth and legitimize the child and take the DNA test etc. Its a process.
U have to overcome the presumption of paternity which basically u have to get a DNA test and file it with the court thus is done through the child support court whatever it’s called there…Wisconsin is the same I had to do this in order to complete my divorce from my ex whom I had been separated from for almost 2 yrs when baby was born.
Paternity test and file a motion. Also, finalize your divorce.
Because you were still married they assume the baby was his. When I divorced my husband in 2011 I was 4 months pregnant and wore my scrubs to court because they wouldn’t have allowed the divorce to go through if they knew I was pregnant!
With a paternity test no. Now if it came back he was then yes.
More than likely there will be do you need test done once it’s proven he is not the biological father he will most likely not have to pay child support but they will pressure you into telling them to biological fathers name
In most states if you are married, legally the person you’re married to when a baby is born is automatically the legal father, regardless of biological relation. So yeah they can seek child support from the legal father. This can be overcome, but it’s gonna be some hoop jumping and take time.
He legally atm is liable for child support as any child born in the marriage separated or not is legally there child you can get a DNA test and apply to the courts for the birth certificate to be changed this should of been done as soon as the baby was born really
Yes they can and he’ll need to request a dna test just to get out of it. Y’all should work on getting divorced now since y’all have been separated since 2018
If you were married at the time (separated doesn’t count). Then in the eyes of the court he’s the “father”. They assume any baby born within the marriage is the husbands.
The only thing you can do is ask for a DNA test to prove he’s not.
Then you’ll have to have the correct person also take a DNA test and be put on the BC.
Marital presumption makes your husband the legal guardian and you are entitled to CS from him. Disestablishing paternity is quite difficult and sometimes, even a DNA test proving he is not the bio dad won’t be enough to get him legally off the hook.
In the state of Texas if you are married (even if separated) and have a baby with someone else, your husband is presumed the father of the child unless proven otherwise (husband can also fight for rights to baby too if he wanted since you’re still married). If you are both in agreement that the baby is not your husband’s, you and the bio dad can sign an acknowledgement of paternity and your husband can sign a denial of paternity, usually done at the hospital at the time of birth or child support office. If this is not the case then you will need a DNA test to prove that your husband is not the father. You’ll also need to get this done in order to become divorced. I am in this same situation with my ex, we have been separated since 2019, and I am due November. My ex and I are both in agreement to sign the papers though.
When he goes to court for child support, he can request a DNA test, which will come back showing he isn’t the father and then case will be dropped.
I live in Pennsylvania n the child support office was gonna try n make my BD pay child support for my one daughter that isn’t his with the two that are his they said it is because he was there n helping out with her since birth I told them no
Why did you out your husband on the birth certificate? They cant force you to put a father down. I put my (now ex husband) down as my oldest father. The state was going to go after him for child support till his bio father signed a paper saying he was his. He didnt even request a dna test.
I’m in Missouri, had the same thing all we had to do was have my ex husband sign a paper stating he wasn’t the father and then the biological father sign a paper stating he was accepting responsibility and was the father…sometimes they do want a dna to prove but I didn’t have to.
Yes they can Bc y’all were married when you got pregnant … it’s an “old fashioned” way of thinking but typically if you’re married and you become pregnant the assumed father is your HUSBAND he will have to petition paternity to the court … once it’s determined he’s not the father then he won’t have to pay. But if it’s not petitioned he could be granted visitation rights to the baby … so I hope it works out
There usually is denial of paternity documents that both of you sign when the baby is born.
Probably don’t try to get child support from someone who isn’t the father of your child
They will do a paternity test. They cannot force an unbiological parent to pay support without a test. You will also need a paternity test for the biological parent then you can get his name on the birth certificate and collect from him.
In most states if he signed the birth certificate than yes they can make him pay child support even if he is not biological father but if he didn’t sign it than a simple DNA test can be done he can get out of it
He can request a paternity test to prove he is not the father.
If he’s on that certificate, YeS.
Has to take some court action to change it, legally:grimacing:
He can request for a dna test once proved he’s not the father than they have to drop the case
Get a DNA test, once it comes back it’s not his. Case dropped and done deal
I had the same experience with my ex. Him and I had to write a statement to 5he fact my child wasn’t his and neither father was on the bc
You could of put the right person it and still can. However having a child while married even if separate make it his child until proven other wise. Get a DNA test done unless he wants to take responsibility.
In Missouri the legal father is the man you were married to at the time of the birth regardless of who the biological father is. If you file for benefits then the state takes him for child support and will do a paternity test. If you want to expedite it, you can get a private DNA test and go to court. You’ll have to hire an attorney for yourself and a separate one for your child. It happened to a friend and it didn’t matter that her ex didn’t sign the birth certificate either
If it’s anything like hear, a DNA test will be needed to prove he’s not the father
Child born into a marriage is part of that marriage is probably why.
Have him submit DNA to prove its not his and they will remove him
Wow I would hope he isn’t made to pay.
Not if you tell them who the biological father is. They will then go after them. I’ve been through this. The man I was married to wasn’t even bothered until I got a divorce then my child was listed as his until dna was done through court to release his rights.
If you were still legally married at the time of birth then yes he is legally responsible. You have to go through the courts to change this. I had to do this in SC and it cost about 1500.
Gotta do a DNA test. My ex husband and I had split ways. Did our own thing and I ended up pregnant. I filed for divorce after having the money (about a year after my son was born). The law saw him as the " dad" because we were legally married when I got pregnant. Even with him telling the court " hey we weren’t together" and taking his word, they needed proof of DNA from the bio father. So I went to the child support office, and started the process thru there.
He had to sign the denial of paternity at the hospital since u was still legally married. Since he didnt then yes he is legally obligated to pay support until DNA testing is done on both him and the bio father and paternity is established that way. Unfortunately the only way to fix this is by going thru the courts now.
By law in every state I’ve been in the man you’re married to is the legal father. Bio dad and husband are gonna most likely need good lawyers
Yikes. Did he sign any paperwork at birth? In some states he’s legally the father lol but I don’t think it’ll actually hold up in court process
Yep. He’s the legal father therefore, unless DNA is established in court, he will be obligated.
If its like Va, if you are married, the husband is put on the BC as the legal father and legally obligated to that child unless it is proven in court otherwise.
In Illinois if you are married at the time of birth and/or conception you are automatically the father. My husband at one point was paying child support for a child that wasn’t his and we had to get a lawyer and take a DNA test to the court to get it to stop.
Only if he’s on the birth certificate or paternity test is positive
I’d think if the court can order a paternity test for the biological father if then it would go on him not husband.
The real father should of been on birth certificate no matter what but yes husband has to pay
Damn Americans are ridiculous.
Bruh you really out here trying to get a man to pay tor a kid that aint his? Thats disgusting
Get a DNA test done? Your ex should ask for one since he isn’t the bio dad he shouldn’t pay.
I would say consult an attorney on your state laws. Most likely he would need to establish that paternity is not his and that you were separated
Ask for a paternity test. Once that’s done they should drop the child support. If you’re married, the spouse automatically goes on the birth certificate.
If your husband is on the brith certificate as the father, then yes, he is obligated to pay child support. In the eyes of the law, he is presumed to be the father
Yes, your husband is legally considered the father of your child by virtue of being your husband. However, your husband can refute paternity when they go after child support. You cannot, from what I understand, illegitimize the child.
Happened to me too almost but I worked quickly. Like others say a dna test clears it up. Our child support agency actually helped me and paid for it.
In South Carolina any child born during the marriage is considered to be fathered by the husband regardless of actual paternity.
Edited because I learned new things
DNA testing is required no matter what state you’re in if its being taken to court. A court cannot deny you the right to a test and they cannot force a non-biological parent to provide child support. If the child is not his then he will not have to pay. Period. Since the bio-dad is not on the BC then nobody will have to pay because he already relinquished his rights by not being on the BC and therefore doesn’t have to pay for child support. By law, no you cannot write in the fathers name. He has to be present and the one to write it himself- however if he’s not actually the father then DNA testing will prove it to be and the case will become void anyways. Even if you hunt down the bio-dad he won’t have to pay. The only time that he would is if he went to court to gain custody and earned partial or 50/50, and either agreed or was court ordered to pay.
Marriage has nothing to do with being a biological parent- it’s literally all DNA and DNA doesn’t change for the law or because of divorce, or even what a birth certificate says. So if you go through a divorce, both of you are still the bio-parents. Unless DNA says otherwise and DNA would only come about if one of the parents requested it or if the court requested it. Even if one parent gets more or all of the custody, you as the other parent still has “rights” and are still the biological parent. The only difference in law is if the name is on the BC or not, and even so if the unnamed bio parent wanted rights and was DNA confirmed they could pursue it through court. You could also at one point relquish your rights and fight for them back again, however that can be an expensive, long, and even more difficult process then if your name wasn’t on the BC.
Those are the dumbest laws I’ve heard. Paying child support for your exs kid that you split 2 years ago wtf
Missouri is that way so im sure north Carolina could be like that too. Just do a DNA test during the divorce proceedings and make sure you both admit that child is not his
just remember he will also be required to go to court when it comes to it. if he does not go, the judge will in fact rule that the legal husband is the father and will order child support. even possibly out of his checks. then on order for the husband to stop all of this, he would need to pay for dna test to prove he isnt the father. and again it may take years to stop payments from him. it truly is best that everyone complies.
If you put your name on a birth certificate, regardless of being the mother/father, you can be hit for child support until a paternity test is taken and a case is opened with the court to have the name removed. You can also get paid back all that was paid. Same applies if you’re not a bio parent and you legally adopt someone else’s kids, you can be hit for child support if you separate. If you sign even part of your rights away to someone who isn’t the bio parent, they can hit you for child support
He just has to dispute the case that he is not the bio father. They will do a paternity test and dem him not the father and then he won’t have to pay, unless he has adopted your child then he is legally responsible.
DNA test will prove he’s not the father and they should drop it. I’d talk to the case worker.
No advice. Go get legal advice. Each state is different
You do a DNA with bio dad have husband sign waver and you sign he not responsible do to the judge show evidence that bio dad stable
In Kentucky they request a DNA test with the biological dad.
What a min u guys have been separated since 2018 and u had a baby in 2020 the judge is trying to get him for a baby that’s not even his wow that’s bs
DNA test then divorce.
You need to talk to a family lawyer because this is very complicated and can change based on your state. You need to go about this in a certain way to get the best outcome.
Years ago, it used to be if you were married, the husband was considered the father and his only recourse was to take the biological father to court to be reimbursed. Things may have changed since then with DNA testing.
sooo you had the baby after you were separated by another man… and they expect the guy you have been separated from for 3 years to pay child support for that child? … right. ok.
Have your husband take a paternity test to officially rule him out as your child’s father. Take the results to the courts. It should be easy from there to relieve him of any legal obligations.
If you legally separated in 2018 and the child wasn’t born until 2020 and is not biologically his I don’t think he will have to pay child support.
Technically whomever signed the birth certificate is supposed to but he can refuse and request a DNA test be done
Child support will do a DNA test. Once the DNA test proves its not the husband’s he has the option to not be responsible for the child. Had to do it with my sons father ( been separated from my marriage for over 10 years.) Also once he tells the courts he doesn’t want rights to the child, the father can put his name on the birth certificate
Have to wait until you’re divorced to take him off child support
Yes, technically here in NY, the father is whoever claims/took care of the child, and they have to have a dad “by law”, so technically my dad’s friend, put his child up for adoption and still has to pay child support because nobody took over the paternal parental rights, so technically he took over the “paternal parental rights” and have complete claim over that child
That’s the law. My husband put his exwifes child by her boyfriend on his divorce. Court made him un)ess her boyfriend married her in courtroom that day. He refused so my husband became legal father.
Another reason to absolutely never marry someone with children already
Not in my country. Imagine paying $$ for a kid u didn’t create thats wrong on so many levels
Figure out which one will pay the most money(s) and go that route
Your husband should not pay the child support order. Once he starts, some courts will not stop the order, even if he is proven by DNA to not be the father.
Sound like some grade A bullshit
Wow these are absolutely crazy rules
In texas law, a child born during the marriage is considered the husbands/“presumed father”. U and ur husband can both deny paternity and if biological father wants to a paternity test theyll test him and if it is his theyll switch child support to bio fathers name then state can amend the birth certificate with his name. If biological father refuses to test or whatnot, test ur husband and itll show he isnt the father and he wont have to pay.
Why don’t you just refuse child support. I know laws are different but this is what I did in Maryland . I waived support
If he has a good lawyer, he won’t have to pay.
Sadly if u were married at the time of birth than they will go after ur husband ,bio or not… I would fight it in court and have the bio take dna.
I was married to another man when I had my daughter at the hospital we had no problem putting her father on the birth certificate but when I went to court to finish my divorce I had to have my then husband sign papers stating he was not the father and my daughters father had to sign papers say he was the father my lawyer had everything ready to be signed the day I had my daughter lol
He has to sign a paper declaring he’s not the father. I live in Texas and the same thing happened to me but he is no longer responsible for anything since we both signed the paper. I forgot what the paper was called
I live in Texas and am in a similar situation with my ex. We have been separated [technically he abandoned me and our son] since 2019, and I am due November. If you both agree that the baby is not your husband’s, you and the bio dad can sign an acknowledgement of paternity and your husband can sign a denial of paternity. Usually done at the hospital at the time of birth or can be done before birth at the child support office. If this is not the case then you will need a DNA test from your husband and possibly the bio dad.
None of this even makes sense. Not SC but In the state of Ohio you have to get a DNA test to prove he’s the father, and only the biological FATHER can get hit for child support. If non-biological parents could be hit for child support imagine how many ppl would be screwed.
A lot of states will make him pay child support because he assumed responsibility of the child. My Lawyer explained that to me when my ex and I divorced but I made sure they didn’t try that he was kind enough to take care of him (still does and he’s 20) he shouldn’t be forced. But in your case you were already separated so there’s something wrong there
By law he is the father. Its the mpst ridiculous thing ever but its true. If you are married the husband is legally the father. But there are ways to fight it.
There are TONS of men forced to pay child support for children that are not biologically theirs either from being married and being legally the father or by signing the declaration and finding out later through DNA that the child is not theirs