Family Law Blog

Does a Father Have to Pay Child Support If The Children Aren't His?

Tuesday, March 20, 2018

When a couple divorces and they have children, in most cases the father will be expected to pay child support to the mother. In these cases, the mother will be the primary custody holder of the children and it is the father's duty to continue to support the children financially, at least in part. However, what happens to divorcing couples where the father is not the biological father of the children in that family?

The law states that if the children of a dissolving marriage are not related to you by blood, then you are under no obligation to pay child support for those children. However, even if one child is not related to the divorcing father and another child is, the father will still have to pay child support for his biological children.

There can be a few small hurdles to overcome for a divorcing father that does not want to pay child support for children that are not biologically his. Often this can include simply taking a paternity test requested by the court. This is most common when the child's birth certificate does not have a father's name on it or even has your name on it. However, if you persist that you are not the father, the paternity test can prove this true or false. If the child's birth certificate does have another man's name on it, the paternity test may not be necessary, though it can easily clear up any arguments.

Unfortunately, if you argue against paternity and child support, this will mean that you do not have any legal authority or right to visitation of the child. If you fight against child support, there will be no chance of visitation enforced by the law. Your ex-spouse may be able to allow it, but that is unlikely.

Are you going through a divorce and don't want to pay child support for children that are not your own? Contact us today to see what we can do for your case.