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March 4, 2010

Paternity and Child Support

The issue of paternity and child support obligations sometimes comes up when a couple divorces. If the father has questions about whether the child really is his, he may request a DNA test to prove he's the biological father. If it turns out that he's not the child's father, there's a chance he may not have to pay child support.

Whether child support will be ordered in such situations will depend on the circumstances of the case and the state in which the child support issue arises. In some states, if a man is the presumed father of the child, then he may be required to pay child support. A man may be presumed to be the father of a child (unless he or the mother proves otherwise to a court) based on the following circumstances:

  • The man was married to the mother when the child was conceived or born.
  • The man married the mother, but the marriage was invalid for some reason, and the child was conceived or born during the invalid "marriage."
  • The man married the mother after the birth and agreed either to have his name on the birth certificate.
  • The man signed a document for "Acknowledgement of Paternity."
  • The man welcomed the child into his home and claims the child as his own.
That's just a brief overview of the paternity and child support issue. Below, you can read over the various questions and answer to get a better idea of individual circumstances.

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