can i get him for child support without doing a paternity test? if he wants one who pays for it? is it required?
I know he is the father of the girls...just wondering if i had to pay for the test..my caseworker wasnt sure...might as well make an ass of him

HERE IS MY PROBLEM, I AM CURRENTLY PAYING CHILD SUPPORT FOR MY DAUGHTER, THERE IS ANOTHER CHILD THAT I WILL BE GETTING A PATERNITY TEST FOR. I KNOW THAT IN ORDER TO CHANGE HER LAST NAME, BE ON THE B.C AND IF SHE WANTS TO GO TO COURT FOR CHILD SUPPORT WE MUST DO A LEGALLY BINDING PATERNITY TEST. NOW-IF I TAKE MY FIRST DAUGHTERS MOTHER BACK TO COURT TO LOWER HER CHILD SUPPORT WOULD I BE ABLE TO USE THE PERSONAL USE PATERNITY TEST THAT IVE PURCHASED.OR WOULD I NEED TO DO A LEGAL ONE FOR THAT ALSO
HERE IS MY PROBLEM, I AM CURRENTLY PAYING CHILD SUPPORT FOR MY DAUGHTER, THERE IS ANOTHER CHILD THAT I WILL BE GETTING A PATERNITY TEST FOR. I KNOW THAT IN ORDER TO CHANGE HER LAST NAME, BE ON THE B.C AND IF SHE WANTS TO GO TO COURT FOR CHILD SUPPORT WE MUST DO A LEGALLY BINDING PATERNITY TEST. NOW-IF I TAKE MY FIRST DAUGHTERS MOTHER BACK TO COURT TO LOWER HER CHILD SUPPORT WOULD I BE ABLE TO USE THE PERSONAL USE PATERNITY TEST THAT IVE PURCHASED.OR WOULD I NEED TO DO A LEGAL ONE FOR THAT ALSO.

and for the record i did not knock someone up being dum.....so dont insult me

My husband has never denied his son. He has always paid the child support and we have always provided insurance on him. However in the 6 years we have known that he is my husbands, he has seen him 4 times. The mother has 3 other children by 3 other men. She originally told my husband that her 2nd child was his, and when she got pregnant with the 3rd child (now discovered to be his), she told him she had been cheating on him and that it was this other guys. They split and she went and married this other guy. Then they split and she filed to get paternity tests done. That's when we found out the 2nd child was not his, but the 3rd child was.
We are completely fed up at this point, as she doesn't work at all, and she lives off the system. My husband would like to sign over rights, but we've been told that he would still have to pay child support. Does anyone know if this is true? Also, does she have to agree to this, or can it just be done?
Just to answer a few of the comments all in one statement: He doesn't necessarily want to leave this child "fatherless". She refuses to let my husband see his son because myself and our 2 girls are in the picture. So, my girls have a brother that they don't even know because he has a stubborn hateful mother.
To comment on back child support, that won't happen. The child support has been garnished from every one of my husbands checks, and even one years tax return to pay the 1 year that we didn't know he was my husbands. So, we have plenty of proof that all payments were made, and that my husband has taken care of his obligations from day one.
Back to the comment about her getting married...that would most likely never happen, because she doesn't want to lose the social security she receives on her 2nd child. Not to mention, probably half of her state aid.

How can I get access to DNA for a paternity test?
My daughter's biological father was murdered two years ago. His DNA is still on file at the coroner's office. I desperately need to have a paternity test performed but his parent's are refusing to give me permission. I can't see how this is fair or right. What can I do?
15 hours ago - 3 days left to answer.
Additional Details
15 hours ago

The paternity test needs to be performed for my daughter to recieve survivor's benefits. I "desperately" need to get this done as there is a time limit. As far as the relationship went, he left when I was 4 mths pregnant and never looked back. I could never locate him to try and get a paternity test performed for child support and was notified by SSI of his death.
15 hours ago

Oh, and I've never met his parents. They know of me, but much like their son want nothing to do with me or their "grandaughter".

My birth certificate states that I have no father (it has a bunch of Xs). Through Accurint.com, I've found his social security number and address and home telephone number. He resides in Edgewater, Volusia County, FL. I reside in Buffalo, Erie County, NY. and I am a 21-year-old male university student. My mother and I have not received any child support from him at all. He left when I was born and my mother did not know his social security number, just his previous address and that he moved to the state of Florida. I believe that he will have to submit to a paternity test in order to prove that he is indeed my father. How can I go about ordering this via court? What is the next step that I need to take now that I have all this information on him? Thank you!

My husband has been served child support papers and we live in California. The daughter in question is 15 years old and lives in another state. He is in the process of setting up a paternity test with the court. If in fact he is the father, will he be responsible for the last 15 years of back pay? Also, he has been out of work for 3 years and I have been supporting us financially. Will I be responsible for helping him pay child support?

Scenario: Woman tells guy she had a one-night stand with that she is pregnant with his child, and he (stupidly) agrees to pay her child support without any sort of paternity test. Not only is he not the father, but she knows (from the start) that he is not the father.

She has INARGUABLY committed the crime of theft by fraud, right? Yeah, he may be an idiot. Yeah, he should watch where he puts his private parts - but fundamentally, she is receiving money from him by telling him a lie, right? Is that not the definition of fraud? The fact that she may be using the money for a child that he had nothing to do with does not change her culpability for this lie, does it?

Now, clearly the life of the child is paramount, and sending the primary custodian to jail would be a problem, but if she had committed an unrelated murder, we'd send her to jail and the kid would be "out on the streets", right? Primary custodians are not above the law just because society cares about its children, right?

Unfortunately, if you look at current case law, you might think differently. We just recently had a case where the guy went to jail because he was unable to make his payments, and he turned out not to be the father. Yes, the court said he didn't have to continue making his payments now that they knew he was not the father, but nothing (so far) has been done about the time he spent in jail or the money he has already paid.

Personally, I think this is a great argument for mandatory paternity tests before any child support decrees are made.

Legally and morally, how is telling a lie under these circumstances any different than borrowing your neighbor's kid, misrepresenting him as yours and the guy's and demanding child support?
I guess I'm not really asking what either the man or the woman SHOULD do. Clearly she shouldn't have lied. Clearly he should have demanded proof.

I'm really asking what our courts should do, and how society should treat this.
The scenario specifically states "she knows" - that isn't part of the question. If you want me to make it more specific, how about "he was drunk and she knew that she didn't have sex with him but she told him she did."

She knows. Take it as fact.
Kylie, why is not the same as using the neighborhood kid? Because she is doing it for the kid? There are plenty of reasons why people commit crimes. If we're going to balance punishment against need, are we going to give nastier penalties to white collar criminals than thugs holding up donut shops to survive?

I had a relationship with this guy, won't mention his name, and in the time we were together i got pregnant to him by mistake. He is a lawyer and a massive a hole. He turned into a huge ahole the moment i told him i was going to keep the baby. Im 38 yrs so it was now or never. He said i will be going thru it on my own without his support, So i did. My daughter is now 16months and the most gorgeous little girl, she is a blessing. I believe her father should pay child support, but he won't. He said it was my choice to have her, so its my resposiblity to suppport her. I asked him if he would agree to a paternity test and he said no. I told him he should help support her financially but he said thats extortion and if i went ahead with child support he would take her off me. He's a lawyer and he said he would do all he could to take her off me if i force him to pay. I'm worried this ahole will take her off me or get access to her, he would mistreat her and i dont want that. jo

This topic came up just as an ethical discussion between me and my fiance and I wanted to ask the public because it is a very interesting debate.
If paternity can be proven while a woman is pregnant (say it's a simple mandatory test, there are ways now, but risky tests like amnio's) and the father is established, should he have rights to the unborn baby?

When the baby is born and a father is classified, he then has legal rights to that child. But what about before then?
If a man wants the woman to carry the child and not abort, why can't he have a say?
I know it's her body, but it's their child, that doesn't seem fair at all to me. Especially when women use that excuse when men don't want to pay child support for a child they didn't want in the first place but the woman decided against abortion or adoption.
If it takes two to tango, why does it only take 1 to decide the fate of an embryo how is that fair in the least?

If the man had a legal say, I understand how things would be a whole lot more complicated, who would chose the fate of the child if both parents disagree'd so on and so forth, I guess I just feel that if a man wants to care for his child, he should be given that opportunity because men can mourn the loss of a baby in abortion-especially if he's the one that really wanted that baby. I just feel so torn as a woman because men like this are one in a million and the men that get charged child support for children they didn't want are a dime a dozen.

My child's father was ordered to take a paternity test and pay child support by his chain of command. He now has a new 1st sgt, and says he is making him cut out his BAH. He was married until recently, so he says that is where the difference is coming from. He claims he has been advised by JAG to stop paying for a while, and cutting his BAH down to partial. I need to know how much of this is Bologna, and how much is true. He has not been in her life much, though I have been trying to take her to see him and everything, but he always has something else to do like going on dates. I don't know what to do at this point. My husband is military as well, but he is in Iraq right now, and I don't want to bother him. Please, any advice, especially if you are stationed at Ft Bragg, that is even better. Thank you.

I just found out that a child I have seen once is my son. My ex-girlfriend had a baby and he is now 4 years old. My name is not in the birth certificate, but I know he is mine just by his looks. I have not gotten a paternity test yet, but if the babys moma wants to come after me for child support does that mean I have to pay back child support. Note: she has not had any benefits from the state nor goverment for the child.

Here's the real questions:

Does a paternity DNA test have to be or must be established before any attempt can be made to collect child support?

**Recieved a letter stating he owes child support but he hasn't been established as the father nor is he on the birth certificate.**

Do you have to pay child support if you donate to a sperm bank and they use your sperm? And is there any way to get out of it, like a paternity test?

Help! (bad situation)

I live in NYC and I was just wondering what the process will be since he refuses to take a paternity test when the baby is born. Not because he thinks the baby is his but because his mom told him I can't take him for child support that way. Also, how early can I file for sole LEGAL custody (not just physical) and possibly child support?
Not really worried about child support... So baisicly getting sole legal custody of my son will be easier without a DNA test?

Here is the story I'm getting:

10 years after sleeping with someone once, wages begin getting garnished from his paycheck. He goes to court to find out what the deal is and is told that he missed his court appearance and therefore is now the legal guardian of a kid whose mom apparently put him on the birth certificate but never told him. She apparently never had any contact with him during the pregnancy then she showed him the kid once after it was born and mentioned he could be the dad but refused to get a paternity test. She said the kid didn't look like him, there could be a lot of dads, and then never contacted him again. The court appointed attorney says that they sent someone to his address to subpoena him as well as put in in the paper and he didn't show up so he is the legal guardian. He says he was no longer living at the address and never read it in the paper so he never knew he was supposed to show up to court. Both the court appointed attorney as well as a private lawyer hired years later tell him that there is a loophole in the law and because he did not show up to court, he is the legal guardian and must pay child support now no matter what; even if he was to obtain a negative paternity test now. This all took place in Texas to the best of my knowledge.

This sounds insane to me. Could this possibly be true?!?

My childrens father has been sentenced 3 years for child support. One of them he says is not his and the mother never showed up to court for the paternity test, but he still got a year for it. The other two are his and he got a year for each one of them. The sentences are to run consecutively. He wants to go back to court to get the sentences ran concurrently. What can be done?
His sentences are not running together right now. They are running one behind the other. As in he would have to serve one sentence then serve another and so on. I have not taken child support out on him. His other children mother's have.

If the mother wants full custody, and the father wants a paternity test for purposes of child support, can this be used against him in a custody battle?

The mother is not cooperative, nor does she allow vistiatation right to the father. He signed the birth certificate under false pretenses (she later told him, he was a dam fool...& the child is not even his) Over the years he has served time and has a felony conviction for non-criminal child support. Right now it's hard to get a job, because of the felony. He needs help with an attorney advice and what can we do to solve the problem. We know a paternity test is needed, but the state won't grant him one. It must be paid out of pocket. Is there someone with really strong legal advice or know of a attorney who will take his case "pro bono" in Missouri. Serious legal advice needed. And how can he get the state to pay for a paternity test. Thank you all very much.

I want to be on record as paying child support but I can't find information for dads who WANT to pay it. I know I should call my local family services center but what's involved? Is court neccesary? Paternity test? Basically, what is the process?
This is emily's boyfriend. Emily is NOT a father.

I have an 18 mo daughter and her dad, who lives in PA, has never seen her. (I left him and moved back to WY when I was pregnant b/c he was smoking pot all the time.) I filed for child support 1 year ago and he has been stalling by not returning paper work and he has yet to take his paternity test. It will come back positive when he does. In a recent email, he said he wants to sign over his rights- otherwise, he will want partial custody. He is in a new relationship and the woman he is with sent me an email a few months ago in which she said terrible things about my daughter and I. My daughter needs the support of her father, but I am uncomfortable with the idea of him getting partial custody. I am okay with him having visitation though. What are my rights? Is there a way to get at least minimum support if he signs over his rights? Is there a way to maintain full custody of my daughter? I am not married, she is not being adopted and her dad is not on the birth certificate.
The dad is Shoshoni and I am Northern Arapaho. My daughter is enrolled in my tribe. Will this help at all?
He is not employed, his gf supports him. But he does get a tribal per capita check every month. The courts have already established a monthy payment (minimum) and he owes backpay, but he is stalling on the paternity test and (as I said earlier) threatening to give up his paternal rights.
Also, he has a new son with his current girlfriend. As far as I know, they are not married. I don't know how/if this will affect anything.
I was researching and was wondering, What is a voluntary relinquishment affidavit? What are the requirments of signing one?
Thank you so much, I appreciate any insight on this extrememly complicated matter.

I am seeking visitations with my daughter. Its a long story. I was approached by a lady online in which we hit it off instantly and become involved in a relationship. She was married at the time and left her husband for me. In this time she became pregnant and eventually ended up going back to her husband. When her husband left to go to Iraq she wanted to continue seeing me afraid that maybe her husband might change his mind about accepting my daughter into their family. I have been having visitations with my daughter and seeing her mother every since he left. She started talking things over with him via email and phone. I guess because maybe she was feeling guilty. As it stands right now they want me to go to court and get a paternity test ordered and if in fact I am found to be the biological father then have visitations and child support determined by the court. One other thing he had a vasectomy done about 10 years ago in the military from what I have been told. They also are offering to try to settle things out of court as far as visitations go if I am found to be the biological father. I look forward to your reply as soon as you can find the time. I work from 5am till 3:30pm M-F but I take a lunch break from 12pm to 12:30pm. Feel free to contact me during my lunch break or after work anytime. I also have emails and instant messages from the mother as proof to all of this. I just want to be able to be apart of my daughters life. It is not her fault what has happened. I think she has the right to know both her parents and I will not turn my back on her. Thank You very much for your time.

the mother has always said my husband wasn't the little girl's father, now that the child is 12 yrs old, she decided 2 ask 4 child support, after a paternity test (finally after 12 yrs!!) confirmed he is the father. well, several "negotiations" have been held, she has only attended 1 and missed the past 2, shes the 1 filing 4 child support, if she shows no interest in showing up 4 the appts, can she be penalized? it doesn't seem fair that she could just continuously waste every ones time and continuously change her mind on decisions previously agreed to?? for example she said she'd drop back payments since my husband didn't have the opportunity 2 pay at that time as long as he showed active interest in the child's life. (Which he has done and as a matter of fact has grown to love her very much very quickly.) now she has began talkin bout paying off her credit card bills!!! Anyway, we have 4 children in our home already that we work very hard to support. The little girl is a result of a relationship prior to ours beginning.

works. Thoughts ? What do you think of this anti rip off anti skank anti fraud bill ?
sweet thats one more man paying child support loosing his money paying lawyers loosing his house... yeah makes you really want to get married.

A mother recieves positve pregnancy test and the father of the baby replies "I want nothing to do with your baby or you anymore. I think it's very selfish of you to bring a child into this world without a father." He leaves, abandons the pregnancy, the birth, the child, the mother, for six years. In hopes that he has changed and/or gotten his life together, the mother contacts him and invites him to meet his 5 1/2 year old daughter. He makes 3 visits, clearly has few parenting skills, has not had contact w/ any of his other children for years. Mom realizes perhaps she has made a mistake inviting him in and voices a desire to decrease length of future visits due to adverse, unhappy behavioural reactions in their child. He threatens to gain half-time custody legally. He does not have a leg to stand on in court to receive 50% custody. Even if he is awarded any time is he or is he not responsible for back child support of the six years he was absent?
I am not looking for free $$$. I have
provided a great life for my daughter without him.I thought she might benefit from getting to know him. In 3 visits, numerous & lengthy phone calls, and several emails-he has made it clear he is a liar, mind-game player, con-artist and totally concerned with his own needs, desires and protection of his warped narcissistic life that is cradled in a thick web of non-truth that he continues to weave. I just want to protect my child.

Ok so here's the Q: Lets say you are a women whom is pregnant and not sure who the father is, BUT you really don't care whom the father is. However the possible father cares whom the father is and wants a paternity test done. IF she does not file for child support and he has no legal obligations to pay for the child does he have a LEGAL right to obtain a paternity test in the state of California?
Please list your sources.