Establishing who is the biological father of a child ("paternity") is necessary to imposing an obligation to pay child support. The biological father owes a duty to their child to support and provide for their basic needs.
There is no refund of past child support payments, even if you are later determined not to be the child's father. However, proving that a man is not the biological father of a child frees him from paying child support in the future. Furthermore, you may be able to seek reimbursement of all child support amounts paid from the biological father if able to find and identify him.
A concept called "dual paternity" allows the child to get support from the biological father even if the mother is married to another man when she gives birth. In this case, the biological father and the legal father would be different men, but the biological father owes the child support payments.
Yes, although going to court can be time consumming, you shouldn't run away from the truth if you know you are not the father. In the legal system, failing to appear or deny allegations means that the court will take them as facts that have been admitted. The court may decide that you owe child support even if you are not actually the father because you failed to show up in court to deny a woman's allegations.
Paternity and child support is often one of the most bitterly fought issues in the courtroom. A good family attorney will protect your rights and help deal with this very troublesome issue.
Last Modified: 06-26-2018 01:51 AM PDTLaw Library Disclaimer
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