When a married couple with shared biological children divorces, there is typically not a question of whether or not he will pay child support. The mother is traditionally given custody while the father is expected to contribute financially. The amount of child support and additional forms of support (insurance, sharing medical bills, etc.) are decided and at the same time, visitation guidelines are established. Even with every case being unique, there are some pretty standard proceedings involving divorce and child support.
In today’s society of nuclear families, however, things may not be so simple as all that. In a situation where there is not a biological connection between father and child, would the father be responsible for child support?
By law: No. In the event that a marital partnership is dissolving, any children that are not biologically yours, are not your responsibility. However, if even one of the children in the family is his, he would have to pay child support for that child.
There is a little bit of red tape to cut through, as with anything. A lack of paternity would have to be proven. This can be a simple paternity test. The court will request it or your lawyer can have it done prior to the request. You may want to prepare to do it again, but the test is really only necessary if there is not a name on the birth certificate or the nonbiological father’s name is on it. The paternity test is a sure fire way to prove that you are not the dad. If the birth certificate has someone else’s name on it, you should be in the clear, but the test is a guarantee.
There is a side to not paying child support that is, perhaps, something to consider. If you fight to not have to pay child support because you are not that child’s biological father, you are forfeiting all right’s to the child. That includes legal authority and visitation rights. This may not be a big concern depending on your situation, but if you have children together as well, there are many other factors. Make sure that you have a very good family law attorney on your side.
Farbod Majd Esq.
Divorce Attorney w/ offices in Beverly Hills/Los Angeles
Services in English, Turkish, and Farsi/Persian (Iranian/American Lawyer)
8383 Wilshire Blvd Suite 646, Beverly Hills, CA 90211
310.956.4600 | Fax: 310.878.8989 | [email protected]