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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I have another mans name on my childs birth certificate bu

Customer Question

I have another man's name on my child's birth certificate but he isn't the biological father, but at the time he signed it he didn't know there was a possibility he wasn't the father. DNA Testing proved that he isn't the father. The man that is her father refuses to pay child support because another man's name is XXXXX XXXXX birth certificate. He says that because I told him I don't need him for nothing that was his pass not to take care of the child. Can he be excused from responsibility because of this? Please help me!
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

The fact that another man is listed on the birth certificate will not prevent you from seeking child support for the man you know to be the natural father,

You may file a petition with the court for a Determination of Paternity, and the court will force this other man to submit to genetic testing, and when he is determined to be the real father, the court will order that he pay child support to you.

Alternatively, if you want, you can ask the state of NJ to help you do all of this---and they will. I believe the only cost to you is a one time fee of $6.00 fee to apply for full child support services. The state can arrange for the genetic testing to be done and get a court order of child support for you as well. Here is a link to the state site where you can begin the process of forcing the father to pay you support:

http://www.njchildsupport.org/Services-Programs/Custodial-Parents/Applying-for-child-support-services.aspx



But the biological father is not excused from paying for the support of his child with you---and the law will force him to be responsible.

If the entire issue is that he is not getting notice of the hearings, then you might consider having a private process server serve him with the Petition, or have the local sheriff do it. Mailing it to him is not a very effective way of getting service, and unless the mailing is done by the state, it is not even legal service.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

Expert:  LawTalk replied 1 year ago.
Good morning,



I'm truly disheartened to see that you rated my assistance to you negatively instead of using the reply button to let me know what additional information you may be seeking from me. I strive to provide every customer with excellent service. How may I better answer your question for you? I invite you to ask any additional question that you may need to, for clarification of your issue.


Doug

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