[iceberg1002]

If I take a paternity test to change my daughter last name because she doesn't have my last name but someone else last name what will happen and will I have to pay for child support

[ScottGem]

First ANY question on law needs to include your general locale as laws vary by area. I assume you believe you are the father.

If you are established as the legal father then yes, you may be held responsible for child support.

[iceberg1002]

I live in NewYork City

[ScottGem]

We really need more details about the situation to advise further.

[AK lawyer]

If I take a paternity test to change my daughter last name ...

Whoah! You are getting the cart before the horse.

If you want to change her name to yours, a paternity test isn't going to do it.

Conversely, if you go to court to somehow get the name changed, the court may or might not order paternity testing. But if you get the test before the court orders it you probably will be throwing your money away; the court could order a new test.

[iceberg1002]

Well my daughter just turn three this year and in 2010 in October me and the mother of my child took a private paternity test but not in a family court to find out if I was the father of my daughter.Since I have the document saying I'm the father of my daughter I have been taking care of my daughter on the weekends as agreed to the mother of my child. As of today the mother of my child wants me to change my daughter last name to my last name because her current boyfriend signed the birth certificate three years ago and he is not the father. But I will like to know if I signed my last name on my daughter birth certificate will I have to pay child support. I also will like to know if the mother of my daughter has a document saying I'm the father of my child do I have to go to court to change her last name

[AK lawyer]

... But i will like to know if i signed my last name on my daughter birth certificate will i have to pay child support. ...

If you acknowledge paternity, yes you might have to pay CS to the custodial parent.

... I also will like to know if the mother of my daughter has a document saying im the father of my child do i have to go to court to change her last name

Someone has to go to court to get the name change done. It might be necessary for you, as well as the mother, to agree to this. If you are asking whether you have to petition the court for the name change, no. You will not be forced to agree to such a name change.

[ScottGem]

First its not that simple. The person who signed the birth certificate is the legal father until a court orders otherwise. So you need to first file a petition in Family Court to be declared the legal father. The private DNA test will probably not be admissible and the court will require you to take one.

If the court determines it is in the best interests of the child to declare you the legal father, then a ruling will be made and the you can request that the birth certificate be amended. Once you are declared the legal father you will be responsible for supporting the child.

[iceberg1002]

So if I amended the birth certificate to change my daughter last name to my last name would I have to pay child support in NewYork city

[ScottGem]

So if i amended the birth certificate to change my daughter last name to my last name would i have to pay child support in NewYork city

Try reading what we have answered. We have answered this question 3 times.

[iceberg1002]

What would be the probaility out of 100 paying child support if you know

[ScottGem]

If you are designated the legal father and the mother files for child support it is 99% that you will be required to pay support

But the mother will have to file for support. Except if she files for public assistance, then social services may be the one to go after you for support.

I really don't follow why you keep asking this. You can't have it both ways. If you want to be the father, then you have to accept responsibility for the child. Why is that so hard to understand?

[JudyKayTee]

If someone lied and put the wrong name on the birth certificate that is a crime in NY. I've posted this before - mother put name of suspect #1 on birth certificate although she was pretty sure someone else was the father; #1 began to reimburse Medicaid for expenses of birth; #2 came forward, demanded DNA; #2 was the father. Medicaid took #2 to Court to pay birth expenses of child. Mother was charged with filing a false instrument. I don't know how often it happens but it does happen.

I would say in NY the chances that the father will be ordered to pay support are 100%.

And name cannot be changed without consent of mother.

[Synnen]

Why do you not want to pay support?

You want the CHILD, right?

CHILDREN cost MONEY.

Chances of paying child support if you are named the legal father are probably 100%.

Stop being childish about this. YOU helped make a baby, now YOU get to help support it.

Welcome to being a grown up.