Needing advice because am currently going after my ex boyfriend for child support for our child we share (we took a DNA which proved it) and there is presently one under way through the courts (b/c they wouldn't accept the one we took) anyway, I was legally separated but still married when I had this child so of course my "husband" name went on birth cert... boyfriend found new g/f who wanted him to not be there for our child since she has one on the way by him so of course, he wouldn't sign third party acknowledgment of paternity so since then me and my "husband" have begun filing for divorce and filed for a name change judgment (its cheaper than a disavowal) and we've rec'vd the formal answer to take to the judge and Im going to see if the courts will accept it on next Friday and the fee to have his name removed as the father and change her last name to mine. Ive been advised that there is no reason why they shouldn't.

But my question is if for some reason they won't honor the name change judgment and his name is still on there when we make it to court for support, can my ex boyfriend just say well, hey there's another guys name on there so Im off the hook even though the DNA will show our child is his? Thanks! :o

P.S. I did ask my c.sup case worker this same question and she said I can still go after the bio dad for support and my attny (in the divorce) said the DNA makes the decision but Im wondering if anyone on here has been through this also (Im so nervous that he will be able to just say this in court and walk away scott free)

No, if you can get the courts to issue a name change without an adoption, then that would not affect support as long as paternity is established.

Sorry don't want to post a new thread for something concerning same situation, but does anyone know how long it can generally take for DNA results to come back for c.sup case... its been two weeks since our swabs (the father included) were turned in... and also sorry to Scott if Im slow but are you saying that even if they don't accept the name change judgement, the paternity results established by the courts for the c.sup showing my ex as the father will be enough to proceed with the c.sup, correct? (Thank you)

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Originally Posted by StillLuvHim28

Sorry dont want to post a new thread for something concerning same situation, but does anyone know how long it can generally take for DNA results to come back for c.sup case...its been two wks since our swabs (the father included) were turned in...and also sorry to Scott if Im slow but are you saying that even if they dont accept the name change judgement, the paternity results established by the courts for the c.sup showing my ex as the father will be enough to proceed with the c.sup, correct? (Thank you)

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Depends on where you live, but 3-6 weeks is not at all unusual.

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Originally Posted by StillLuvHim28

Sorry dont want to post a new thread for something concerning same situation, but does anyone know how long it can generally take for DNA results to come back for c.sup case...its been two wks since our swabs (the father included) were turned in...and also sorry to Scott if Im slow but are you saying that even if they dont accept the name change judgement, the paternity results established by the courts for the c.sup showing my ex as the father will be enough to proceed with the c.sup, correct? (Thank you)

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The DNA results are enough to proceed with paternity/child support. THe name is just a name. The birth certificate is just a piece of paper.

Im curious how your being able to remove the legal father from the birth certificate ? What state is this ? Also I don't see any name change until the legal father is found assuming what your saying is true and they are going to remove your husband as the legal father from the birth certificate.

Well Im not sure if they are going to accept the answer in court, Im going with the paperwork and our paternity test (showing that my "husband" is not the father) on Friday with the fee required to find out if they will do it or not, I didn't say they would and my c.sup case worker told me that the bio dads name can't be put on the b.cert until the legal dad gets his name off through disavowal or the name change judgment, the only reasons in LA they refuse n.change judgment is if someone is trying to evade some type of legal action but we have proof he's not the dad and both our signatures on the petition, if I were trying to go after him for support why would I help him file petition to take his name off. But my c.sup case worker reassured me this evening that even if his name is still on by the time the case goes to court then they can still go after the bio dad for support, the DNA rules over my "husbands" name being on b.cert. so to everyone who answered this for me earlier you were right.

In the US, some states have strict rules as to the "legal" father.

The husband who is on the birth certificate is the legal father at this point. ( as you know) in many places if you have not contested this within a certain amount of time, you can not any contest it, and the husband will be considered always the legal father. ** and you collect your child support from him.

In many states you can do what you are trying to do.

The baby is only 6 months... is that 2 much time passed?

Also I remember specifically asking her today if she is certain I can still go after bio dad for support even if "husband" name still on b.cert, she told me yes but bio dads name can't go on until "legal dad" takes court action to get his name off first but the support we can still do...

But Im still nervous because Im scared they would tell me that just to keep me pursuing support just to get the money back for state assistance knowing they will have to go after legal dad, but I don't think she would misinform me like that, don't they have a creed or something they'd be going against? Guess Im just paranoid but Im still worried even after her telling me he can't use legal dad on b.cert against me in court. I hope with the baby being 6 mnths too much time hasn't passed. I researched a little about it in Louisiana but could only find one site but it said the man has up to one year after child is born or one yr after knowledge he isn't the father.

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Originally Posted by StillLuvHim28

The baby is only 6 months...is that 2 much time passed?

Also I remember specifically asking her today if she is certain I can still go after bio dad for support even if "husband" name still on b.cert, she told me yes but bio dads name can't go on til "legal dad" takes court action to get his name off first but the support we can still do....

But Im still nervous because Im scared they would tell me that just to keep me pursuing support just to get the money back for state assistance knowing they will have to go after legal dad, but I dont think she would misinform me like that, dont they have a creed or something they'd be going against? Guess Im just paranoid but Im still worried even after her telling me he can't use legal dad on b.cert against me in court. I hope with the baby being 6 mnths too much time hasnt passed. I researched a lil bout it in Louisiana but could only find one site but it said the man has up to one year after child is born or one yr after knowledge he isnt the father.

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The people involved with state angencies for collection of child support lie all the time. They aren't required any legal background in most cases. They can't legally get money from the non legal father because there is no obligation under the law. That's why establishing the legal father is important. You are being led down a path by the caseworker. Ask them what law school they attended. Lol.. I think I already know the answer.