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rnouctk · Jul 15, 2008, 03:48 PM

I just returned from my local legal aid office and I am a bit confused and was wondering if anyone could clear up a question. They informed me that to receive child support I need to file for paternity even though he is on the birth certificate. However, if I want to change their name to mine, as he no longer contacts them, I have to notify him because he is on th birth certificate. Why is he assumed the father if I want to change their name, but not if I want to collect child support?

He is the father. We have not been to court in any regard. We were never married. He is on both of the boys birth certificates. I can not get ahold of him via e mail, I don't know where he is living, I have an old PO Box, but no physical address.

I ask because without his consent I have my hands tied in regards to name changes and passports and legal aid can not help me with these issues and I can't afford an attorney currently.

N0help4u · Jul 15, 2008, 04:18 PM

They seem to be cracking down on making sure the named guy IS the father because too many girls are claiming the wrong guy and the wrong guy ends up paying years of support only to one day find out he was not the father. Just watching Maury so many girls insist they were only with ONE guy and 3 shows later and 19 guys later they still haven't come up with the real father.

ScottGem · Jul 15, 2008, 04:38 PM

The question is did he sign the because or did you just list him as the father? If he didn't sign, then you need to prove paternity. If he acknowledged paternity by signing, then you shouldn't have a problem.

rnouctk · Jul 15, 2008, 08:10 PM

He is the father, sadly. He signed the bith certificate, I didn't just name him. But why can his disapearing make it more difficult to do the things with my children that I want to do? But even though he signed the bith certificate I can't collect child support. It seems a bit backwards to me. If I can't make him pay child support without paternity why should I have to ask his permission for anything. He won't even call his kids. Sorry I'm a bit bitter.

ScottGem · Jul 16, 2008, 05:55 AM

I think you need a second opinion. If he signed the because, acknowledging paternity, then there should be nothing stopping you from filing for child support. If he fights it, he might be able to force a paternity test, though.

On the names issue. You can use any name you want as long as there isn't an intent to defraud. So if you refer to your child with your maiden name, that can still be used, but the legal name will remain unchanged.

rnouctk · Jul 19, 2008, 11:19 AM

Do you know of any legal aid type orginizations? I can't afford an attorny. For their school they don't have to go by the last name on their because?

N0help4u · Jul 19, 2008, 11:28 AM

You should be able to go to family court and ask them to assign somebody. They will have you fill out income papers to see if you qualify.