Does the father of my baby have to pay child support if he is not listed on the birth certificate?

Asked over 3 years ago - Chino Hills, CA

the father is in the army so he was unable to be at the birth therefore he is not on the birth certificate although we do plan to add him when he gets home he refuses to pay until he is officially on it...is he required to pay until then? or back-pay once hes added? he knows hes the father and the baby has his last name!

Attorney answers (2)

  1. Edmund Lee Montgomery

    Pro

    Contributor Level 16

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    Answered . Until there is a court order for child support there is no legal obligation to pay support. You can establish a support order in one of two methods.
    You could file a Paternity action claiming he is the Father and requesting support.
    The second method would be for you to contact the Department of Child Support Services. They can start a case for you at no cost. It is probably the best method for securing a support order as they can contact the military to enforce the order.

  2. Richard Forrest Gould-Saltman

    Contributor Level 20

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    Answered . He's not required to pay child support until there's a court order requiring that he pay child support. Whether the baby "has his last name" or not has no effect on whether he's going to be ordered to pay child support.

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