Published: November 5, 2017

Paying Support for Child Who is Not Yours Biologically

Many men pay support for children who are not theirs biologically and you might be one of them. You could have the court order overturned if a DNA test confirms you are not the father of a child you currently support, but getting the judge to make that decision is often difficult and not a sure thing. Learn how courts typically view child support and what you can do to strengthen your case before you petition to end payments.

You might have assumed parentage of a child born during your marriage or relationship with the mother. Following the end of your union, a court ordered you to pay support. If you then discover you are not the biological father, support does not automatically stop. The court will seek to act in the best interest of the minor, and if you have acted as the father for that child for an extended period of time, the judge might decide to keep the order in place. You must take additional action to convince the court to relieve you of payments.

Proving that another man is the father of the child in question could help you have the support have the order overturned, but not always. While it might seem reasonable that the biological father of a child be required to provide support, this does not always happen. In some cases, this man goes unidentified or, if known, cannot be found. In such situations the court could determine that you, the man the child has known as father, continues to pay support. Your petition is helped if you can identify and locate the biological father.

In some cases, a mother commits fraud by naming you as the child's parent when she knows it is another man's child. If you can prove in a court of law that this is the case, you have a reasonable chance of having the support order overturned. Gather witness statements, text messages, notes and other evidence you can find in which the woman admitted to someone else that another man fathered her child.

Your efforts to have a support order stopped for a child that is not yours hinge on the court's determination of what best suits the minor. Learn more about child support issues by contacting us.