Splitting up with a long-term partner is emotionally challenging especially when the couple has children together. Often, one partner will gain primary custody of the child while the other partner shares joint custody and maintains child support payments. Sadly, some father figures later discover that their children are not biologically related to them. When this happens, child support responsibilities become even more complex.
Challenging Child Support Payments
If the father figure previously signed an admission proving paternity before learning the truth, then it can be difficult to renege on child support obligations. He may still be held financially accountable for the child based on state laws unless the mother remarries later on. Putting the father’s name on the birth certificate is considered a voluntary assumption of paternity by the courts even when it’s later discovered that the child isn’t a blood relative. Additionally, living with the child may be considered an assumption of fatherhood. Courts will base voluntary assumptions on the factors and circumstances surrounding the man and child’s relationship. Simply proving a lack of blood relation won’t necessarily rescind this voluntary assumption of fatherhood.
How a Family Lawyer Can Help
Family lawyer Karen A. Schoenau has helped clients facing similar situations for over 25 years. Her law firm will help you pursue a paternity case immediately upon learning a child is not biologically yours. If you remove paternity quickly when no connection exists with the child, then your actions may result in removing your child support obligations in the future. Attorney Schoenau takes these cases very seriously, and she will fight to protect your rights in court. Don’t hesitate to reach out to her firm at 480-467-3435 to discuss your case.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.