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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 1870
Experience:  Practicing Attorney with 10 years experience
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My husband, who has 3 boys from a previous relationship, was

Customer Question

My husband, who has 3 boys from a previous relationship, was given a notice of child support today. He is not confident the 3 boys are his own children. The oldest was born in 1998, then 2002 and 2003 I believe.
Their entire relationship was on and off. She was known to be with various men and loved to drink.They were not married but he did sign their birth certificate.
If any or all of the boys are his, I have no problem and can pay child support. But if they are not, I have a problem.
Submitted: 3 months ago.
Category: Family Law
Expert:  Asad Rahman replied 3 months ago.

Sure I can understand. He is entitled to a paternity test upon request.

Customer: replied 3 months ago.
But will he still be obligated to pay child support?
Expert:  Asad Rahman replied 3 months ago.

If they are deemed his, then yes he would be obligated to pay child support. He would probably be required to make back payments for prior years child support as well.

Customer: replied 3 months ago.
He signed the birth certificates.
Expert:  Asad Rahman replied 3 months ago.

Although that is evidence, he is still entitled to a paternity test. the mother may have lied to him that they were his and he signed the birth certificate.

Customer: replied 3 months ago.
http://www.cnmilaw.org/pdf/cmc_section/T8/1704.pdf
This is the law stated. I am having a hard time deciphering it.
Customer: replied 3 months ago.
If you look at 3, it ends with "and." Does that mean that he needed to be married "and" have signed the birth certificate? Or does that mean the birth certificate itself is a law?
Expert:  Asad Rahman replied 3 months ago.

Yes, so the law assumes he is the father based on his in writing acknowledgement on the birth certificate, but most judges will still allow a paternity test. The birth certificate is presumptive evidence that he is the dad, but like I said, he can ask for a paternity test.

Customer: replied 3 months ago.
http://www.cnmilaw.org/pdf/cmc_section/T8/1706.pdf
This is the law that allows a father to give in to an existent or nonexistent relationship. Therefore, does my husband fall under categories c or d?
Expert:  Asad Rahman replied 3 months ago.

Actually under B

Customer: replied 3 months ago.
Sorry, yes a or b.So please help me with the following and translate it to simple language for me:(3) After the child’s birth, he and the child’s natural mother have married,
or attempted to marry, each other by a marriage solemnized in apparent compliance
with law, although the attempted marriage is or could be declared
invalid, and
(A) He has acknowledged his paternity of the child in writing filed with
the Commonwealth clerk of court office.
(B) With his consent, he is named as the child’s father on the child’s
birth certificate, or
(C) He is obligated to support the child under a written voluntary promise
or by court order;did he need to be married AND have signed the birth certificate?
Expert:  Asad Rahman replied 3 months ago.

No, it is "or" so if a child is born during a marriage they child born is presumed to be the child of the father. Alternatively if he signs the birth certificate of the child, he is presumed the father.

Customer: replied 3 months ago.
Understood. When we request for a paternity test. And say 1, 2, or all the children are not his. How do we fight child support?Till now, when they needed money, we'd send money. It was never a month to month basis, but when they kids asked, we definitely sent. But now, their mother is going through a financial struggle and I just don't see the reason of us having to suffer when she made her choice to have sex with other men. (My husband was 18 when she approached him, stating the child was his...of course he didn't know any better.)
Customer: replied 3 months ago.
I know your perspective is law only and none of the background details. I am just trying to protect my family from another woman's possible error.
Expert:  Asad Rahman replied 3 months ago.

There's really not a basis to fight child support unfortunately. You can try to negotiate with her or you can try to challenge the amounts but it is deemed a parental obligation. The law assumes both parents made the decision together and have to bear the consequences of their decisions. I understand where you are coming from.

I'm just telling you how the law views this.

Customer: replied 3 months ago.
Even if the children are not his, but he is the father on the birth certificate, practically he assumes full responsibility and is forced to pay child support?
Expert:  Asad Rahman replied 3 months ago.

No, you asked if he is found the father after the paternity test. If he is not determined to be the father after a paternity test on each then he would be responsible for only the child that are his if any.

Customer: replied 3 months ago.
Okay. You read our state laws briefly (I am from Saipan), are you confident that that is what the laws translate to?
Expert:  Asad Rahman replied 3 months ago.

Yes, pretty confident. Most of these laws mirror one another on this issue. I've practiced this for 4-5 years.

Customer: replied 3 months ago.
2) For the purpose of declaring the nonexistence of the father and child relationship
presumed under 8 CMC § 1704(a)(1), (2), or (3) only if the action is
brought within a reasonable time after obtaining knowledge of relevant facts,
---but in no event later than five years after the child’s birth---. After the presumption
has been rebutted, paternity of the child by another man may be determined
in the same action, if he has been made a party.(3) After the child’s birth, he and the child’s natural mother have married,
or attempted to marry, each other by a marriage solemnized in apparent compliance
with law, although the attempted marriage is or could be declared
invalid, and
(A) He has acknowledged his paternity of the child in writing filed with
the Commonwealth clerk of court office.
----(B) With his consent, he is named as the child’s father on the child’s
birth certificate, or-----
Customer: replied 3 months ago.
doesn't this interfere?The children are 5 years and older and he signed their birth certificate.
Expert:  Asad Rahman replied 3 months ago.

1706 b says any person can bring an action at any time so you should be fine.

Expert:  Asad Rahman replied 3 months ago.

Again, judges will usually grant the paternity test request.

Customer: replied 3 months ago.
Thanks.I am reading a lot of stuff stating fathers still had to pay child support even after it was found that they were not the child's father. Can you explain?
Expert:  Asad Rahman replied 3 months ago.

I'm sure it has happened, but that is rare. I rarely saw it when I worked for the child support agency in my state. Obviously I cannot predict exactly what a judge will do but the judges usually always agreed to allow for a paternity test even if the father had signed a statement of paternity.

Customer: replied 3 months ago.
The mother lives out of state. So which state law is followed?
Expert:  Asad Rahman replied 3 months ago.

I absolutely understand your apprehension. You simply need to let the process play out.

The state where the children have lived for 6 months has jurisdiction so those laws apply.

Customer: replied 3 months ago.
Nevada law then. Are you familiar with their law?
Expert:  Asad Rahman replied 3 months ago.

I can research it. I'm confident it is fairly similar. The states have all tried to make the laws mirror one another reqarding child support under the Uniform Child Jurisdiction Act.

Customer: replied 3 months ago.
I have 3 children of my own. So I am being greedy.
Expert:  Asad Rahman replied 3 months ago.

My shift is ending. I certainly want to be sure you were satisfied with the assistance before I log off.

Expert:  Asad Rahman replied 3 months ago.

The courts do consider his children from other mothers in deciding any child support payment. so he would be obligated to pay less since he has 3 children of his own with you.

Customer: replied 3 months ago.
I earn majority of the income. When a payment is established, my income is part of that too?I can continue this conversation another time if possible.
Expert:  Asad Rahman replied 3 months ago.

No, only his income is factored in.

Customer: replied 3 months ago.
even if we are married?
Expert:  Asad Rahman replied 3 months ago.

yes.

Customer: replied 3 months ago.
Thank you.
Expert:  Asad Rahman replied 3 months ago.

Sure. Good luck to you guys. Have a good night.

Expert:  Asad Rahman replied 3 months ago.

A positive rating of the assistance would be greatly appreciated.

Customer: replied 3 months ago.
is it possible to continue this conversation?
Expert:  Asad Rahman replied 3 months ago.

Sure. Can we reconvene tomorrow? It might be best to talk by phone for the additional charge. Just Answer expects us to charge extra for additional q/a time.

Customer: replied 3 months ago.
I prefer chatting. It allows me to think better.
Expert:  Asad Rahman replied 3 months ago.

I understand. We can continue tomorrow then?

Customer: replied 3 months ago.
please.
Expert:  Asad Rahman replied 3 months ago.

Great. Talk to you then.

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