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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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I am being forced to pay child support the birth certificate

Customer Question

i am being forced to pay child support my name is ***** ***** birth certificate but i am not the father can i ask the courts for paternity test
JA: Has a court order been sought regarding a paternity test?
Customer: no not that i know
JA: Family law varies by state. What state are you in?
Customer: az. the child is in wy.
JA: Anything else you want the lawyer to know before I connect you?
Customer: i cant think of anything the mother told me the real father killed himself don't know if this is true
Submitted: 2 months ago.
Category: Family Law
Expert:  originallawyer replied 2 months ago.

Hello! Please stand by as I work on your answer!

Expert:  originallawyer replied 2 months ago.

Did you sign a voluntary acknowledgment of paternity?

Customer: replied 2 months ago.
what is that
Expert:  originallawyer replied 2 months ago.

A legal document that says you are agreeing that you are the father of the child. It's used when parents aren't married and the father is willing to take responsibility for the baby. You would have likely signed it at the hospital when the child was born.

I ask because it's important. If you signed that, you would have 60 days to revoke outright it or two years to show that you were tricked or coerced into signing it and that you weren't the father.

If you didn't sign it, but you're on the birth certificate, you can petition the court to deny your paternity and find the actual father. However, there is a potential roadblock if the bio father is deceased.

If the biological father is dead, the court may in some cases require you to keep paying child support since you're on the birth certificate and legally the child's father.

Your best option is to find a local attorney who can look over all your documentation and determine if you have grounds for denying paternity. If the real father is still alive, your case is better. The state doesn't like to leave children fatherless. If you've been acting as this child's father for a significant time, the state may determine that it's in the child's best interest for you to continue to do so (if the biological father is deceased.)

Customer: replied 2 months ago.
I haven't seen the child in years she left the state a few months after he was born and never heard from and now she filed against me for support..
Expert:  originallawyer replied 2 months ago.

Unfortunately, not seeing the child isn't grounds for not paying support. The two are independent. If the case has just started (eg no final order has been handed down yet), you can try to file a counter petition saying that you do not believe you are the child's father and ask the court to order a DNA test. This is where having a lawyer in your local area take a look at your case would be helpful.

Customer: replied 2 months ago.
thank you
Expert:  originallawyer replied 2 months ago.

You are welcome!