If paternity test is negative.... Why?

[chort1313]

AFter a male takes a paternity test (turns out negative) to see if he is the father of a child, why should this male make child support payments for this child that is not his? I saw a judgement where a male had to keep paying child support even though he wasn't the father. I'm assuming this happens often because I keep hearing lawyer ads to try to defend these males.

Is there ANY reason at all why these males must pay CS? If they are not the father? I just don't get it.

[chort1313]

PDQ is new to me.. Please tell me what it means. tia!

[lovechild]

PDQ-----pretty darn quick


No idea why here either but to me this is wrong.

[erniemarie]

in some states it depends on the age of the child, I know here you have 7 years from the time the child is born, if the child is more than 7 you have to continue to pay child support even if a paternity test shows negative

[Angelbabym]

wow!!! when my mom and stepdad got a divorce he told my mother he would pay for the both of us $200, then recenlty last year when the state took him to court they told him he needed to pay more for the both of us, and he told the state i wasnt his so he wasnt paying for me so they order the test and it was negative so they told him he didnt have to. he made such a big deal about me not being his, but he was in my life before i was born, so now i dont talk to the jerk, oh well! anyways he now pays 324 a month for my bothr and in my opinion it aint enough

[Legion600]

A judge might order support if the male has acted as the father for a number of years or has been supporting the child in some way. In my opinion that should be the only reason and even then every effort should be made to find the real father and make him pay to support his child.

[Angelbabym]

his name is even on my birth certificate, but im 18 now so it dont matter

[MoodyBlues]

I know that if the male is ON the birth Certificate and then the Mother & "father" get divorced.. the "father" wants a paternity test done and it is neg., sometimes the judge will still order Child Support. Only because that "father" signed the birth certificate @ birth w/ out having a paternity test done then and that is the only father the child knows. Basically what it is, is if a man and woman are married, they have a baby, and then divorce.. the male is "automatically" considered the father.

[the1bea]

There is a law called a bastard law where no child should go fatherless. I saw something about it on one of those talkshows where the females have slept with 50 men, and she was married, and dont know who the father is and her spouse still has to pay money.

[Talanco]

It is because the man signed the birth certificate. There is what is called a defacto period. The period is in the law for the simple fact that it allows the child have the mans last name at birth but it also allows the man time to get a paternity test. During that period of time which is usually a year, if the man has any doubts that the child is then he should have a paternity test done during that time. If he does not then he is responsiable for that child even if a DNA test later shows that he is not the father. Did that help any?

[mrs.john]

Originally posted by erniemarie
in some states it depends on the age of the child, I know here you have 7 years from the time the child is born, if the child is more than 7 you have to continue to pay child support even if a paternity test shows negative

In our case, my dh knew nothing of his son until his son was almost 6. SS thought his mom's husband was his dad. When they split up, she started coughing up names of potential fathers for DNA tests for child support purposes(even her stepbrothers were they for the tests--what a winner, huh?). My dh had to pay back 6 years of back support for a child he never knew of. Which to me isn't right. I mean, he took on the responsiblity, and we don't have a problem with that. But he missed out on a lot and I don't agree with him having to pay all that back support and be labeled a deadbeat when she took off and never let him know that she was even pregnant (one nite thing, stupid, but live and learn I guess) and then she can come back years later, just for the money.

I'm not sure about support if the DNA is negative after years. I mean, it all comes down to a money issue, not about the love of a child you've helped raise. To me, a father (or mother) is the person that raises you--not just the person that created you.

BTW, we've had custody for about 8 years, and she has only contacted him a few times (and doesn't pay her support).

Remember, this is JMO.

[Angelbabym]

i dont want to come off really bad to some of you but my mom LOVES me!!! she never kept my real dad away from me, later on i learned it was my stepfather who kept him away, and then i learned my real father wasnt a MAN ! he was a scared little %^&*(!
i would post the reason why but its personal.

yes it hurts to think that my stepdad said i was his, and i have always thought the same, even now god knows why:rolleyes: and then have him say, oh no shes not mine i aint paying for her, i didnt care if he paid for me or not, but to hear him say that:( it broke me, iwill never look at him the same. its been almost 9 yrs and i still cant talk to ppl about when he left us, because i get too emotioinal, my brother is the same way, luckily for us he is supposed to be coming next month, and i think its time for me to sit down with him, tell him how i feel, which wont be good, and get him out of my life, he ruined it, not me! theres just so much to this story to try and explain it, just hope you understood alittle:(

[ajksmom]

Raven-It's the kids I feel sorry for... to learn that the man they love as their "Daddy" really isn't their daddy...and then to discover that if it's going to cost him money then he doesn't love them anymore.

I agree 100%. I have a niece in this situation. Her mom met her step-dad before she was born and married him shortly after her birth. He always called her his and she always called him daddy (and still does even though he treats her like crap). Well after her mom and step-dad divorced he took it upon himself to tell her that she was in fact not his (when she was around 8 until then she thought he was her daddy). And now he stopped having anything to do with her as far as taking her on weekends when he takes HIS three kids (they belong to SIL and him). But back when SIL was receiving a welfare check for Beth you better darn well believe she was daddy's girl. Now he is always down her throat and fussing at her for some reason. Hubby called him up and told him to leave Beth alone he had no right to discipline her or anything and if he didn't stop aggravating her HE (my hubby) would settle it. And oh yeah he doesn't pay but $40.00 A WEEK for their 3 kids in child support when and if he pays that. This is the same BIL I was talking about in your thread about your BIL.
Sorry to ramble this is just a topic that ticks me off to no end.

[moocher]

You got me wondering too, so I looked it up-this is what I found:Presumed Father

If any of the following are true, a man is presumed to be the father of a child, unless he or the mother proves otherwise to a court:

he was married to the mother when the child was conceived or born, although some states do not consider a man to be a presumed father if the couple has separated
he attempted to marry the mother (even if the marriage was not valid) and the child was conceived or born during the "marriage"
he married the mother after the birth and agreed either to have his name on the birth certificate or to support the child, or
he welcomed the child into his home and openly held the child out as his own.
In some states, the presumption of paternity is considered conclusive, which means it cannot be disproven, even with contradictory blood tests. In Michael H. v. Gerald D., 491 U.S. 110 (1989), the U.S. Supreme Court upheld California's presumed father statute as a rational method of protecting the integrity of the
family against challenges based on the due process rights of the father and the child. A presumed father must pay child support.

Equitable Parent

In Michigan (Atkinson v. Atkinson, 408 N.W.2d 516 (1987)) and Wisconsin (In re Paternity of D.L.H., 419 N.W.2d 283 (1987)), a spouse who is not a legal parent (biological or adoptive) may be granted custody or visitation under the notion of equitable parent. Courts apply this concept when a spouse and child have a close relationship and consider themselves parent and child or where the biological parent encouraged this relationship. If the court grants an equitable parent custody or visitation, then the parent will also be required to pay child support.

Adulterine Bastard

Adulterine bastard, though not used in many places, is a term used to describe a child born to a married woman when the woman's husband is not the father of the child. This may occur if a woman becomes pregnant by someone other than her husband during the marriage; if a woman enters the marriage already pregnant (by someone other than her husband); or if a woman, without her husband's consent, becomes pregnant through artificial insemination by donor.

In the past, many divorcing husbands attempted to evade paying child support in these situations, claiming that the children were adulterine bastards and therefore not "theirs." Many states, however, have laws which irrebuttably presume (that is, the presumption cannot be disproved) that a child born during a marriage is the child of the husband, regardless of who the biological father is.

http://www.nolo.com/lawcenter/ency/article.cfm/objectid/C14883C8-F81A-4601-826BFE9AD4BB2E19/catID/50577D19-965B-4301-B98AE541654F9EAB

[chort1313]

Thanks for the replies you guys. I now have some new insight about this. I appreciate everyone replying and I didn't mean to get anyone upset.