My husbands ex is taking him for child support. he has 50/50 custody of his 2 girls. He signed their birth certificates but when we got copies of them because the court order said he was to have the info, his name wasn't on either child birth certificate. So his ex is taking him for support does he have to pay since his name isn't on either certificate? Also he did pay a few years ago before joint custody was in place but he DID NOT know his name wasn't on their birth certificates intill last year when we received the copies.
Child Custody Lawyer
Whether or not a persons name is listed on a child's birth certificate is not a factor in a child support case at all. His child support Order will be based on his and the Mother's income, with a deviation for him having shared physical custody. If he has been sharing custody for a 'few years' his paternity of the children will probably be presumed.
Divorce / Separation Lawyer
It would appear that your husband has already acknowledged his paternity of the children by filing for custody. That makes him responsible for sharing in providing for their needs, and, in his case, possibly paying support if that's the way their incomes line up.I suggest that he work with his ex to correct their birth certificates to reflect his name. The Bureau of Vital Records has simple procedures by which this can be accomplished. If they can't talk, or she won't cooperate, he should contact a local family law attorney to explore other options, the most likely being to file a petition with the court, seeking a court order that his name be added.
Disclaimer: Please note that this response does not in any way an attorney-client relationship between Kathryn L. Hilbush and the recipient. My responses are general in nature. They do not constitute legal advice. You are advised to consult an attorney regarding this and any other legal matters.