[oamy1975]

If I go through the process of changing my daughters last name to maiden name will the absent father get out of his court ordered child support?
My daughter has went all through school using my ex-husbands last name. We registered her in school that way apx 9yrs ago by saying we were in the middle of an adoption & no one has questioned it until now @ the DMV trying to get her permit. They said she would have many problems including not getting to use a scholarship. Well that was 3wks ago & she has been so upset by the name change that she doesn't want to get her permit. She has not seen her father since she was 3. He was court ordered 5 yrs ago to pay child support & $20k back child support but only contacted her by phone 2 times five yrs ago. She has said she doesn't know him & doesn't want his name. I can't afford to loose the child support nor do I want him to get out of paying it. Please Help!

[ScottGem]

Changing her legal name will not affect child support.

But I'm confused. What is her legal name? Isn't that the name you have been using?

[Fr_Chuck]

It sounds like they lied to the school and got the child enrolle under a (incorrect name)

But as long as the bio father agrees to the name change there will be no problem.

It will not effect the child support order

You may have to get her school records changed to her legal name *** which is was suppose to be.

Had you been using her legal name there would not really be an issue since it would be her name.

Why did you do this to her when she was small ?

[asking]

It doesn't matter why they did it. She's the same person whatever her name: changing her name or keeping it the same should not affect child support.

[ScottGem]

it sounds like they lied to the school and got the child enrolle under a (incorrect name)

I wouldn't say "lied". A person is allowed to use any name they want as long as there is no intent to defraud. They could have told the school, that this is her legal name and this is the name we want to use and the school could have gone along.

That's why the OP is confusing. Its really not clear what the legal name is and what name she's been using. Depending on the answer to those questions the DMV may be wrong.

[oamy1975]

Changing her legal name will not affect child support.

But I'm confused. What is her legal name? Isn't that the name you have been using?

No when we enrolled her in school my now ex-husband & I had seen an attorney to find out costs to have him adopt her & my son. We did not follow through with that & divorced 4 yrs later but she has still been using my ex-husbands last name not her bio- fathers last name which is her legal name.

[asking]

What name does you daughter want to use?

[oamy1975]

What name does you daughter want to use?

My maiden name!

[ScottGem]

Ok, so the Father's name was Smith which is her legal name. The ex husband's name was Jones and your maiden name is Doe. So she has been using Jones for approximately 9 years.

She should be able to use Doe, except where a legal name is required. But to legally change it, since she is a minor, would require the approval of her bio father.

[asking]

Scott, I don't think you can assume the daughter's legal name is Smith. It depends on what is on the birth certificate. Oamy can tell us...

Also, if bio father is not a legal guardian, why would his approval be needed?

[ScottGem]

Scott, I don't think you can assume the daughter's legal name is Smith. It depends on what is on the birth certificate. oamy can tell us...

Also, if bio father is not a legal guardian, why would his approval be needed?

Good point. I was assuming that the bio Father was listed on the birth certificate and that, since no adoption ever took place, he was still the legal father.

[asking]

oamy1975,
What is the name on her birth certificate?
And a separate question, Is her bio father listed there?

Were you married at the time she was born?

What is bio father's legal standing with regard to legal (not physical) custody and guardianship?
If he is paying child support he presumably has some sort of legal rights to her. Can you describe them? That should tell you if he has to sign off on a name change.

[oamy1975]

Ok, so the Father's name was Smith which is her legal name. The ex husband's name was Jones and your maiden name is Doe. So she has been using Jones for approximately 9 years.

She should be able to use Doe, except where a legal name is required. But to legally change it, since she is a minor, would require the approval of her bio father.

Yes that is correct, I know I can change her name through the courts due to emotional abandonment my question is will the bio father still have to pay child support on her & the back ordered child support?

[ScottGem]

Yes that is correct, I know I can change her name thru the courts due to emotional abandonment my question is will the bio father still have to pay child support on her & the back ordered child support?

I'm not sure where you got the idea you could legally change her name. Frankly, I don't think that's true. At least not without the father's permission.

And we answered the question that just getting a name change has no affect on support.

However, if you try to get the name change by terminating his rights, which is a different story, that could affect support.

[asking]

I agree with Scott.
Unless you successfully terminate the biological father's rights, it should not affect child support.

[oamy1975]

Good point. I was assuming that the bio Father was listed on the birth certificate and that, since no adoption ever took place, he was still the legal father.

Yes the bio-father is listed on birth certif. but has no rights including visitation.