Does a father have to continue to pay child support after he discovers he is not the biological father?

Answer 1

If the man signed the birth certificate or was married to the mother at the time was born, in many states that would make him the presumptive and legal father with all rights and responsibilities (including child support) incurred. The term is "equitable paternity" and the circumstances and locations where it may apply vary.

For specific information, you should confer with an attorney with a specialty in family law in your state of residence.

Answer 2

The answer to this question is very delicate, for two reasons. First, a lot of people use the terms "support" and "custody" without fully understanding that the legal meanings of those words are not necessarily the same as their meaning in ordinary use. Second, each state has its own laws, so we can only give you a general answer based on the "usual" state. You really should consult a lawyer if you want a definitive answer.

That said: If by "support" you mean "child support" and by "doesn't have custody" you mean she actually doesn't have the child whatsoever (legally and physically), then no, the biological father doesn't have to pay support.

First of all, we need to split child support from maintenance. Maintenance is another form of support to which an ex-wife might be entitled regardless of whether there were children. I assume for purposes of this answer that you mean child support, so I won't address maintenance issues.

Child support is something that is paid from one parent to the other parent because that parent has primary or residential custody of the child. The mother does NOT need to have sole or exclusive custody in order to be entitled to child support. If she has joint custody, but is the primary caretaker/residential parent, she is still entitled to child support. (This trips a lot of people up. They think because the mother doesn't have sole custody, they don't have to pay child support.)

If the father's situation is one where the mother doesn't have any custody then she is not entitled to child support. Even if she has legal custody, but has put the child in the hands of someone else (usually other family members), she is still entitled to child support if she is the legal custodian. On the other hand, if the father is sole custodian, or is the primary caretaker/residential parent, the mother is not entitled to child support.

If the father still thinks, based on this answer, that the mother is not entitled to child support, he should NOT stop paying. He should petition the court that issued the child support order to modify that order due to a change in facts/law. If he just stopped payments, he would get in even more hot water.

Answer

No. If the biological mother does not have legal custodyof the child the court will not enter a child support order with her as the payee. However, the father can be ordered to pay child support to the person who does have legal custody.

Answer 3

In most states if his name is on the birth certificate and/or he was married to the mother at the time, yes he will still have to pay child support.

Answer 4

Yes, if: the child was conceived/born during the marriage; or, he signed an acknowledgment of paternity.

Answer 5

You need to consult with an attorney in your jurisdiction who can review your situation and explain your options under your state laws. You need to act as soon as possible.