Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My husband, who has 3 boys from a previous relationship, was

Customer Question
given a notice of child...
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: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
10/5/2016
Family Lawyer: Asad Rahman, Lawyer replied 1 year ago
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2,197
Experience: Practicing Attorney with 10 years experience
Verified

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

Ask Your Own Family Law Question
Customer reply replied 1 year ago
But will he still be obligated to pay child support?
Family Lawyer: Asad Rahman, Lawyer replied 1 year 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.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
He signed the birth certificates.
Family Lawyer: Asad Rahman, Lawyer replied 1 year 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.

Ask Your Own Family Law Question
Customer reply replied 1 year 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 reply replied 1 year 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?
Family Lawyer: Asad Rahman, Lawyer replied 1 year 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.

Ask Your Own Family Law Question
Customer reply replied 1 year 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?
Family Lawyer: Asad Rahman, Lawyer replied 1 year ago

Actually under B

Ask Your Own Family Law Question
Customer reply replied 1 year 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?
Family Lawyer: Asad Rahman, Lawyer replied 1 year 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.

Ask Your Own Family Law Question
Customer reply replied 1 year 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 reply replied 1 year 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.
Family Lawyer: Asad Rahman, Lawyer replied 1 year 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.

Ask Your Own Family Law Question
Customer reply replied 1 year 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?
Family Lawyer: Asad Rahman, Lawyer replied 1 year 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.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Okay. You read our state laws briefly (I am from Saipan), are you confident that that is what the laws translate to?
Family Lawyer: Asad Rahman, Lawyer replied 1 year ago

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

Ask Your Own Family Law Question
Customer reply replied 1 year 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 reply replied 1 year ago
doesn't this interfere?The children are 5 years and older and he signed their birth certificate.
Family Lawyer: Asad Rahman, Lawyer replied 1 year ago

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

Ask Your Own Family Law Question
Family Lawyer: Asad Rahman, Lawyer replied 1 year ago

Again, judges will usually grant the paternity test request.

Ask Your Own Family Law Question
Customer reply replied 1 year 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?
Family Lawyer: Asad Rahman, Lawyer replied 1 year 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.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
The mother lives out of state. So which state law is followed?
Family Lawyer: Asad Rahman, Lawyer replied 1 year 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.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Nevada law then. Are you familiar with their law?
Family Lawyer: Asad Rahman, Lawyer replied 1 year 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.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
I have 3 children of my own. So I am being greedy.
Family Lawyer: Asad Rahman, Lawyer replied 1 year ago

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

Ask Your Own Family Law Question
Family Lawyer: Asad Rahman, Lawyer replied 1 year 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.

Ask Your Own Family Law Question
Customer reply replied 1 year 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.
Family Lawyer: Asad Rahman, Lawyer replied 1 year ago

No, only his income is factored in.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
even if we are married?
Family Lawyer: Asad Rahman, Lawyer replied 1 year ago

yes.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Thank you.
Family Lawyer: Asad Rahman, Lawyer replied 1 year ago

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

Ask Your Own Family Law Question
Family Lawyer: Asad Rahman, Lawyer replied 1 year ago

A positive rating of the assistance would be greatly appreciated.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
is it possible to continue this conversation?
Family Lawyer: Asad Rahman, Lawyer replied 1 year 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.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
I prefer chatting. It allows me to think better.
Family Lawyer: Asad Rahman, Lawyer replied 1 year ago

I understand. We can continue tomorrow then?

Ask Your Own Family Law Question
Customer reply replied 1 year ago
please.
Family Lawyer: Asad Rahman, Lawyer replied 1 year ago

Great. Talk to you then.

Ask Your Own Family Law Question
Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2,197
2,197 Satisfied Customers
Experience: Practicing Attorney with 10 years experience

Asad Rahman is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
What happens if a mother does not show up for a paternity
what happens if a mother does not show up for a paternity hearing … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,425 satisfied customers
ARE prenatal and postnatal dna paternity test the same
ARE prenatal and postnatal dna paternity test the same accuracy? Have you heard about the Company Ravgen??… read more
Ray
Ray
Lawyer
Doctoral Degree
30,205 satisfied customers
How should it have taken for me to receive paternity test
How long should it have taken for me to receive paternity test results taken in Allegheny court of common pleas adult division. The swabs were taken on 9/11/2017 and I have not received any correspond… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,425 satisfied customers
My son owes $25,000 in back child support, the mother has
My son owes $25,000 in back child support, the mother has never had anything to do with the kids, the Court has stopped his payments but how does he clear the money owed, he has had sole custody for 1… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,421 satisfied customers
The mother of my children took me off child support when i
The mother of my children took me off child support when i living with her. I moved out to find a better job and so that i could be closer to my job. I want to know if it permanent. … read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
Need to file objection to child support order as well as
Need to file objection to child support order as well as filing jurisdiction. … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
My former boy friend threatens to order a paternity test on
My former boy friend threatens to order a paternity test on my newborn baby, I am afraid he will take the baby away. Can I deny the paternity test without getting the rough of the court? I am in Georg… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
Do I claim child support from previous marriage on my new
Greetings, Do I claim child support from previous marriage on my new separation papers to my current spouse? … read more
socrateaser
socrateaser
1,031 satisfied customers
Child support, il, searching, contacted for child support.
child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: il JA: Have you talked to a lawyer yet? Customer: searching JA: Anything else you want… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,970 satisfied customers
I received a summons for first notice for child support in
I received a summons for first notice for child support in New York NY. The child is not my child per DNA test. DO I still have to pay child support? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If my husband consents to a paternity test to determine if
If my husband consents to a paternity test to determine if he is definitely the father of a child conceived 41 years ago, could the mother or possible daughter file child support and be awarded. the f… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,425 satisfied customers
Can I be taken to court for paternity testing even if the
Can I be taken to court for paternity testing even if the letter was sent to an address I am not a resident of?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
My child is 19 and mother never asked for child support. is
my child is 19 and mother never asked for child support. is it too late? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
The plaintiff in my family law(paternity and child support)
Hello again!The plaintiff in my family law(paternity and child support) has provided incomplete financials, missing tax and income data for 2016 and 2017. Can I file a motion to dismiss? A motion to c… read more
Ray
Ray
Lawyer
Doctoral Degree
30,205 satisfied customers
How does my grandaughter get the paternity test results that
how does my grandaughter get the paternity test results that were done on her by court order from 27 years ago in Butte county ca. … read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
I recently had a paternity test done with a man who is not
I recently had a paternity test done with a man who is not the named father on my birth certificate. The test proved this guy is my biological father. My biological father and I would like to remove t… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
How can I order a paternity test in Calif.? I just did
How can I order a paternity test in Calif.? JA: Because family law varies from place to place, can you tell me what state this is in? Customer: I just did JA: Has anything been filed or reported? Cust… read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
I have been ordered to take a paternity test for a child who
I have been ordered to take a paternity test for a child who is now 18 years old, I never knew about the child and was only notified about him when he was 16, they said if I don't take the paternity t… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x