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In Iowa, can a custodial parent change the last name of a child to her current spouse's last name without the non-custodial parent's consent? In doing so, does the non-custodial parent still have to pay child support if the minor has the last name of her step-father?
If a parent changes the last name of the minor to her current spouse's last name without consent of the non-custodial parent, does the non-custodial parent still have to pay child support in the state of Iowa?
At least in New York and New Jersey, name has nothing to do with child support. The two are unrelated. The only things that matter are paternity, custody, costs, and incomes. Changing the child's name won't change any of those.
I'd love if someone from Iowa knows more about specifics there... but I'm guessing that it doesn't matter there, either.
You cannot change the child's legal name. However, unless there is an intent to defraud you can use any name you want. So, if you wanted to have the child referred to in school as John NewHusband's name, you could.
The legal name has no bearing on child support. However, if your new husband were to adopt the child, then he would be taking on all responsbility. You could then legally change the name, but support would stop.
Iowa Name Change Forms - Legal forms for changing your name in iowa
I found this site to get you started, a name won't change whether or not he is the REAL father, so of course he will have to pay child support for your daughter. UNLESS her step father adopts her with her REAL dads permission.
With all that being said, I would really urge you to let your daughter have a piece of her real father and a last name is a wonderful way to start that process, I strongly disapprove of changing last names, in most cases (my experience) it is done only to hurt the daddy, or to please the other man. Really it could turn out to be really sad and very uncomfortable telling him she doesn't have his last name anymore. Good luck and lots a hugs heading your way!
I've combined the two threads since they are the same question.
Again, you can't change the because without going through the courts. And a court is unlikjley to grant the change without the father's consent.
When you attain your majority you have right to change your name .When the question is about child's last name changing it has to be done with both parents consent.Generally the judges are not willing to change the child's last name to step-parent's one because it is considered as attack against the other parent.
If the father says that changing of child last name to his/her step-father's last name will severe and disturb his relations with the child it is more than enough for judges NOT to take a child's wishes into consideration.
Here are some cases about changing the child's last name.
In re Fetkavich/CAI case No. 45A03-0602-CV-82/-the CAI reversed a trial court that had granted a name change, allowing mother to change her child's last name from her own to that of the child's stepfather.In dicta, the court also noted that statutes provide a presumption in favor of a parent of a minor child who has been making support payments and fulfilling other duties in accordance with a decree and objects to the proposed name change of the child. Mother had argued that the presumption should not apply in this case because the child had never had Father's last name, but the court disagreed, noting that if the court found that Father fulfilled the requirements of the statute, the presumption would apply.
Montgomery v. Wells/ IC of appeals/
The court held that the state paternity statute implicitely gives a trial court jurisdiction to order that a child be given Father's surname. The court noted that, technically, these actions do not involve a name "change" simply because Mother has given the child a name on the birth certificant. "When a parent unilaterally chooses a child's name, the other parent may request the court to examine the name issue--as the mother does not have the absolute right to name the child because of custody due to birth. Consequently, she should gain no advantage from her unilateral act in naming the child." (internal quotations omitted). The court ordered that the 14-month-old child should be given Father's surname as Mother was planning on remarrying and changing her name.
By the way I can cite more than 500 similar cases.
As the others have stated... you cannot change the child's last name without the bio-fathers consent.
The problem is this: My husband has paid child support for his daughter for 18 years. Never missed a payment. She lives in Iowa. We live in Florida. Her mother married when child was 3 years old. My husband was unable to have a close relationship with his daughter after mother remarried. After his daughter turned 18, he didn't have to pay. He received a letter from State of Iowa stating this. Then all of a sudden, the daughter decides to go to a 18 month college course and has now decided my husband (her biological father)should continue to pay even though there has been no contact with him in years. (He has tried). Family members of my husband have forwarded newspaper clippings, graduation notices, etc that state her last name to be of her step-dad's. It looks like her name was changed years ago without my husbands consent. Don't you have to have consent? If it was not legally changed, can you just change it yourself without going to court? Why should my husband continue to be financial responsible for a adult child that changed her name to her step-father years ago. Shouldn't they have to pay back the child support if indeed this was done?Quote:
Originally Posted by welton67
Like I said, she can use any name she wants to. Her legal name may still be your husband's, but if she identifies herself to the school or to the media as Ms. StepFather, she can certainly do that. You can request a copy of her birth certificate (try VitalChek Express - Birth Certificates, Death Certificates, Marriage Records, Divorce Records and Vital Records) and see what's on the because. If the because was changed, find out when and then you may be able to sue the stepfather for reimbursement of child support from the date of the change, because the only way it could have been legally changed is if he adopted her which would have then ended any child support responsibility of your husband.
As far as him paying for her college, what does the child support agreement say? Most support agreements will say until age 18 or when finished schooling. If so, he may be legally obligated to pay. If it only specifies age 18, then his responsibility is over.
She also might have changed her name legally when she hit 18. That would be her choice and that would have no legal affect on your husband's relationship with her.
So to sum up, if she is just using her step father's name, but the because still has your husband's name, the use of his name has no legal bearing on child support. Same goes if she legally changed it after reaching 18. The only thing that affects the support is the terms of the support agreement.
The only way the name change would have a bearing is if the birth certificate was changed without your husbands knowledge and consent. If that happened, someone broke the law and if it happened becauase the step father adopted her, then their continuing to accept child support from your husband was fraud. However, I tend to doubt that happened since the courts are ulnikely to let it.
Definitely get a copy of her birth certificate. My fiancé was getting court documents about child support and other things all with his daughters last name as her mothers maiden name even though on her birth certificate it has her last name as my fiance's. We told our lawyer our concerns and she immediately got us a copy of the birth certificate. It was never changed. BUt his daughter ALWAYS goes by her mother's maiden name in everything anyway.
SO check out those sites that Scott provided. You'll get your answer there.
Yes-if the judge is a feminist.Quote:
Originally Posted by welton67
Yes,of course-your humiliation does not matter!Quote:
Originally Posted by welton67
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