Can i put my ex boyfriend/non biological father on child support that knowingly signed the birth certificate?

Asked over 2 years ago - Quitman, GA

PLEASE HELP ME!!!!!! to make a long story short I got pregnant and from a man that I DID NOT know was married and wife was pregnant also!!! I left him after he repeatedly put his hands on me and moved on to my now ex boyfriend who supported me after having the baby signed the birh certifcate saying even though i was 9 months pregnant when we met. (DNA test were already done) Now that we have broke up he will not support the baby can i make him pay child support since he signed it?

Attorney answers (3)

  1. Paula Jeanette Mcgill

    Contributor Level 17

    1

    Lawyer agrees

    Answered . You can attempt to put the ex boyfriend on child support, but he will oppose you petition, and the DNA test will show that he is not the father. Instead, you might consider putting the biological father on child support. It is irrelevant that he is/was married.

  2. Ikemesit Amajak Eyo

    Contributor Level 18

    1

    Lawyer agrees

    Answered . The fact that your ex-boyfriend signed the birth certificate while knowing that he was not the father does not make him responsible for supporting the child. (Actually, him signing the certificate was fraud considering that you both knew he is not the father.)

    Yes, you can file a complaint (or open a DHR case) seeking to make him responsible for child support. However, he is within his rights to defend against it based on him not being the child's father. If he refutes paternity, no court will force him to pay support unless they first determine (through DNA testing) that he is biologically related to the child. Again, the fact that he supported his girlfriend's child does not make him responsible for supporting the child after the relationship with the mother ends. You cannot "make" him pay child support.

    It sounds as if you were right to terminate your relationship with the child's father. However, you should not have allowed him to escape his responsibility for supporting your child. Since your child is entitled to the financial support of both of its parents, you really need to file a complaint for support (or open a DHR child support case) against the child's biological father. Him being married to someone else is irrelevant; he will still be made responsible for child support (as long as he either does not refute paternity, or is found by DNA testing to be the father).

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor... more
  3. Marilyn Hamilton

    Contributor Level 13

    Answered . Ny colleagues have given sound information. Another thing to consider is that the only way to "make" your ex-boyfriend pay child support is to go to court, tell the court that he is the biological father, and ask for child support to be ordered. The ex-boyfriend will be given an opportunity to refute what you say. These days, DNA is used to prove or disprove paternity. If you are shown to be telling the court a false statement, then your credibility will suffer.

    This communication does not establish an attorney-client relationship. This communication offers general... more

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