Paternity is a contentious issue in some cases, and that goes for whether the presumed father was or was not married to the child’s mother. The news that a child they believed was theirs is actually not biologically their child can shake a man’s foundation. Having a child is to some men the greatest feeling in the world. They care for the child, play with the child, and develop a relationship. When news breaks that the child isn’t theirs, it can rip the floor from under them. Such a revelation often ends in divorce or severing of a relationship. Then they’re faced with a big question: should they pay child support, and do they have to?

biological parent

For some men who discover they are not the biological parent of a child, paying to support somebody else’s child is a humiliating slap in the face, especially knowing they were betrayed and perhaps misled by the mother of the child. But the relationship they may develop leads a lot of men to pay child support if only so the child they have grown to love and adore has all they need. Unfortunately, the law is not always on their side and non-biological fathers are sometimes required to continue paying child support even if scientific evidence indicates that they are not the father.

Common sense seems to dictate that responsibility for supporting the child should fall to the biological father, not the non-biological father even if he was married to the child’s mother. But the law seems to interpret your taking responsibility as the father as acceptance of all responsibilities, including child support. This is even the case when the non-biological father was led to believe that he was the biological father of the child, or had no reason not to believe as much.

Some states, like California, assume that when the mother is married, her husband is the legal father unless otherwise stated on the birth certificate or if circumstances would have prevented him from being present at conception. It may be easier to avoid legal fatherhood if the couple is not married and a paternity test reveals that you are not the father.

The issue is extremely murky to add to the unpleasantness of the situation. It’s best to seek the counsel of a family law attorney who will answer your questions and advise you of your rights. In almost every case, though, you must get a neutral third-party paternity test to establish that you are not the child’s father; home paternity tests are not considered admissible in court.

Child support is a contentious issue for a lot of couples who are going through a divorce. While most couples would probably agree that they’d prefer an uncontested, easy divorce process, when kids are involved, there is bound to be contention and stress. In a lot of cases, one party will feel they were unfairly treated in the final agreement, and many non-custodial parents are unhappy with the amount they are ordered to pay in child support. Other times, the custodial parent does not believe they are receiving enough. The money is intended to help the custodial parent cover costs related to caring for the child.

So what happens when the non-custodial parent believes that their payments are too high? They must file a request to modify the order. Never should a parent simply stop making payments. For one, the money is intended to help meet the child’s needs from providing him or her shelter to healthy meals. And failing to comply with a court order is a serious offense that may bring serious and lasting legal consequences to the individual. Those who are interested in modifying the order should always go about it in the right way and follow all necessary procedures. A lawyer should be consulted to make sure they are taking the correct steps.

A modification in a child support order may be obtained through the court. Remember, the court acts in the best interests of the child, but if there is a change in the financial situation of either party, an order modification may be obtained. A common modification request stems from unemployment. When a non-custodial parent loses his or her job, they must inform the child support office and seek a temporary modification until they find a new job. Keep in mind that they may actually owe whatever payments they miss once they find a new job. But this is better than being delinquent in their payments.

If one of the parents suffers a disability that affects their earning capacity and, therefore, ability to support the child, a modification may be sought. What’s more, if the child suffers an illness or medical condition requiring more care, a modification may be granted. Increases in the age of the child or the cost of living in the area may allow for a modification as well, as well as changes in specific costs related to the child—daycare, health insurance, etc.