Ask Experts Questions for FREE Help !
Ask

Child Support

Asked Oct 18, 2011, 09:37 AM — 14 Answers
I live in Ohio with my boyfriend. He has a child from a previous marriage. I'm not sure if his name is on her birth certificate at all; but her last name is not his. We won't get into the type of person his ex is, but she had connections at the hospital and the second he left they put her last name on the child's birth certificate instead of his. They have never had a test done, but if her last name is different does he still have to pay child support? Or does that all count on whether or not his name is on the certificate at all?

14 Answers
JudyKayTee's Avatar
JudyKayTee Posts: 45,482, Reputation: 23573
Uber Member
 
#2

Oct 18, 2011, 09:45 AM
What matters is who the father is, not whose name is on the birth certificate. SHE has the decision what last name to use. He has no input. You don't need connections and what kind of person she is doesn't matter. It's her choice.

Yes, if it is his child it's his responsibility to support the child AFTER there is DNA proof that it is his child.
Helpful
JAMDixon's Avatar
JAMDixon Posts: 22, Reputation: 12
New Member
 
#3

Oct 18, 2011, 09:49 AM
the point is that the name was CHANGED without his consent, yes, the type of person she is does matter because there is the probability that it isn't his. That system is totally messed up anyway, just because she actually gave birth doesn't make the child any more hers than his so there should be equal input. No DNA testing and I never implied that it wasn't his responsibility; just curious as to wether or not the law states that he HAS to pay; not if he SHOULD.
Helpful
kcomissiong's Avatar
kcomissiong Posts: 1,091, Reputation: 1340
Ultra Member
 
#4

Oct 18, 2011, 11:03 AM
If the child is his, and she asks for support, she'll get it. I don't know where you are getting your information from but it is not correct. A hospital doesn't prepare a BC, it passes on the information of the birth along with the paperwork the MOTHER fills out to the department of vital records. They then then prepare the BC. The mother can name the child whatever she wants to, and there is absolutely no requirement that the child be named after the father. In some states, there is even a window in which a name on a birth certificate can be altered without a court order. I say all of that to place emphasis on the fact that she has the right to choose the last name, and that no fraud was committed by her not choosing his.

Furthermore, if they were married at the time the child was born, he is the legal father, and there are limitations that vary by state as to how long he can contest that if there is any doubt.
Helpful  (1)
kcomissiong's Avatar
kcomissiong Posts: 1,091, Reputation: 1340
Ultra Member
 
#5

Oct 18, 2011, 11:10 AM
I missed that you were in Ohio. Here is the relevant law section. The emphasis is mine.

(F)(1) If the mother of a child was married at the time of either conception or birth or between conception and birth, the child shall be registered in the surname designated by the mother, and the name of the husband shall be entered on the certificate as the father of the child. The presumption of paternity shall be in accordance with section 3111.03 of the Revised Code.
Helpful
JudyKayTee's Avatar
JudyKayTee Posts: 45,482, Reputation: 23573
Uber Member
 
#6

Oct 18, 2011, 11:13 AM
Quote:
Originally Posted by JAMDixon View Post
the point is that the name was CHANGED without his consent, yes, the type of person she is does matter because there is the probability that it isn't his. That system is totally messed up anyway, just because she actually gave birth doesn't make the child any more hers than his so there should be equal input. No DNA testing and I never implied that it wasn't his responsibility; just curious as to wether or not the law states that he HAS to pay; not if he SHOULD.

You said her last name was put on the birth certificate. You said nothing about CHANGING the birth certificate. You referred to the type of person she is in connection with the hospital and the birth certificate, not in connection with anything else.

Yes, the State law says he HAS to pay if it's his child. Why would you think it's not his responsibility, name on the birth certificate or not?

I don't understand your attitude. You asked. I answered according to law and a lot of years of experience.
Helpful
JudyKayTee's Avatar
JudyKayTee Posts: 45,482, Reputation: 23573
Uber Member
 
#7

Oct 18, 2011, 11:15 AM
Quote:
Originally Posted by kcomissiong View Post
I missed that you were in Ohio. Here is the relevant law section. The emphasis is mine.

(F)(1) If the mother of a child was married at the time of either conception or birth or between conception and birth, the child shall be registered in the surname designated by the mother, and the name of the husband shall be entered on the certificate as the father of the child. The presumption of paternity shall be in accordance with section 3111.03 of the Revised Code.

Right - it's the mother's decision. The type of person she is and her connections do not matter. Unfortunately, OP has now come back and stated that the "ex" CHANGED the name on the bc so ...

Have no idea of the status between bf and "ex" when child was conceived and born. That would be helpful.
Helpful
kcomissiong's Avatar
kcomissiong Posts: 1,091, Reputation: 1340
Ultra Member
 
#8

Oct 18, 2011, 11:21 AM
She mentioned that the child was from a previous marriage in the question, so I answered with the presumption that that child was a product of the marriage.
Helpful
JudyKayTee's Avatar
JudyKayTee Posts: 45,482, Reputation: 23573
Uber Member
 
#9

Oct 18, 2011, 11:50 AM
Quote:
Originally Posted by kcomissiong View Post
She mentioned that the child was from a previous marriage in the question, so I answered with the presumption that that child was a product of the marriage.

Right. I'm not really sure because they were married (?) but he doesn't know if his name is on the birth certificate. Only OP knows.
Helpful
kcomissiong's Avatar
kcomissiong Posts: 1,091, Reputation: 1340
Ultra Member
 
#10

Oct 18, 2011, 11:57 AM
I think she doesn't know, and he hasn't been forthcoming about it. Although, if they were married, there should have been a child support order somewhere in that divorce. There is a lot here that is unclear, and we are hearing it from a third party that wasn't involved in any of it.

JAM, you have seen the questions that we have asked and the information that we have had to speculate on because we don't have the facts from you. Please come back and clarify.
Helpful

Not your question? Ask your question View similar questions

 
Thread Tools Search this Thread
Search this Thread:

Advanced Search

Add your answer here.

Remove Text Formatting

Undo
Redo
 
Decrease Size
Increase Size
Bold
Italic
Underline
Align Left
Align Center
Align Right
Ordered List
Unordered List
Decrease Indent
Increase Indent
Insert Email Link
Wrap [QUOTE] tags around selected text
Wrap [CODE] tags around selected text
Wrap [HTML] tags around selected text
Wrap [PHP] tags around selected text
Wrap [YOUTUBE] tags around selected text
Notification Type:



Check out some similar questions!

Child support, I have other kids I pay child support for? [ 2 Answers ]

I have another child outside my first three, will NEW YORK take my other child into consideration when ordering me to pay for my first three.

Child Support - 2 child living at separate parents - 1 child turning 18 soon. [ 6 Answers ]

I will try not to make this too long but I went through a 3 year court battle with my ex with our 2 kids who are now 17 (Daughter) and 15 (Son). My son has been living with his dad since he was like 9 because I let him. Court battle was dropped due to judge thinking my ex was lying after 3 years...

I owe back child support, will child support garnish the whole tax return? [ 3 Answers ]

Will child support garnish the whole tax return?

Can my sons father get out of child support, or back child support? [ 2 Answers ]

The paternity was established for my son at 6 months of age.. Will the father have to pay the past 6 months?

Can a father of a child force child support on a mother that gave up the child willin [ 13 Answers ]

While my wife and I were split up she got pregnant ( while on the birth control implant). I myself am fixed ( we didn't want anymore kids) and we couldn't afford to have more kids if wanted them. We thought about giving the child up for adoption but it turns out the father wants the child. He...


View more Family Law questions Search