Family Law Questions? Ask a Family Lawyer Online.
Well, first if the "Father"is not listed on the birth certificate, the Mother needs to Petition to have a Paternity Test done.
Now, a Court will Order a Paternity test, in the best interest of the child
And of course, if that is established then she can file for Child Support.
If the paternity test comes back positive even though he knew nothing of the child ...is he then required to pay child support?
Since the Mother and child live in AZ, those laws will apply.
Yes. If she files for child support, it will be against him. And he is just as responsible for the child as the Mother is
Child Support would only be Ordered from the date of filing forward. So there would be nothing owed for the past 3 1/2 years
If my husband earns 43K per year and is going to have the child registered with the Navajo Tribe for IHS healthcare what would be the approximate cost per month?
Would my income be included in this figure?
Your income is not included, unless you have filed joint tax returns
Yes we file jointly.
The amount of child support is based on Guidelines
And I will get you a link so you can review that.
Now, he can argue that only his income should be used and not the household income from the tax returns.
You may read this from the AZ Superior Court
That will explain how it is calculated
Keep in mind, that until there is a Paternity ruling, she cannot collect
So, if for some reason, she files to collect, then your husband needs to seek a Paternity Test.
Only after Paternity is established can she file for child support
I understand about the paternity...thank you very much for your help. I was just hoping that I would not be involved in this since I had nothing to do with the child and would not want to be responsible for his support.
I see. Yes. Of course. That is totally understandable. Perhaps, you will want to begin filing separate returns. Talk to your tax person about that.
If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck