Can a non-biological father be forced to pay child support? The answer is yes, depending on your specific situation. There are certain instances where even a non-biological dad may be required to provide child support payments. It is important to understand your rights and obligations when beginning child support and related family law proceedings. A qualified lawyer can explain your legal options, provide experienced counsel, and guide you through the process.
Child Support Laws in California
When unmarried or divorcing parents have minor children, determining matters of custody and child support is both necessary and incredibly important. According to California’s family code laws, each parent of a child is required to provide for them financially. In order to enforce this parental obligation, child support payments are calculated according to state guidelines, and the appropriate party or parties are ordered to provide support in regular installments.
There are various factors that go into California’s child support formula. These factors include how much time each parent spends with the child, each parent’s income, custody arrangements, and tax implications, among others. While calculating child support may seem straightforward and simple due to there being a standardized formula, it is still highly recommended that you work with a qualified child support attorney.
Would a Non-Biological Dad Have to Pay Support?
It’s a good idea to consult with a child support lawyer for many reasons. Firstly, there are details of your case you may not consider at first that can significantly impact child support payments. Additionally, a family law attorney can assist you if your circumstances are more complex, vague, or uncertain.
Normally, every biological parent is responsible for supporting their child financially—even if they are not involved in the child’s life. You cannot waive the parental obligation to provide support. Non-biological parents of children are not usually held to the same standards and don’t need to provide support after a divorce or legal separation.
However, if you are not a child’s biological parent, there are some instances where you can still be ordered to provide support payments to the child’s other parent. Some situations where this may occur include the following:
- You adopted the child: Whether two parents adopted a child together or a stepparent adopted the child of their partner—once a person has adopted the child, they become legally responsible for that child. Adoption can’t be undone by divorce or separation, as it is a permanent legal process. Adoptive parents are required to provide child support and cannot terminate this obligation.
- You claim the child as your own on their birth certificate: In instances where non-married parents have a child together and put their names on the birth certificate, they have legally claimed the child as their own. This means that even if a parent finds out later they are not biologically related to the child, they likely will be required to pay support following a separation.This is also the case when a child is born to married parents since there’s a legal presumption of parentage. Disproving paternity does not necessarily absolve a father of his support obligation unless the court ordered it so or changed an existing child support order.
- You openly treated the child as your own (parentage by estoppel): This legal doctrine bestows non-biological parents with the same rights and responsibilities, including child support, as biological parents if certain circumstances are met.To determine parentage by estoppel, the alleged parent must have known he was not the biological father, represented himself as the true parent to the child, and the child treated the party as their biological parent. Proving this doctrine in court can be complicated as there needs to be evidence of a long-term parent-child relationship.
FAQs
Q: Do Adoptive Parents Need to Pay Child Support?
A: Yes, adoptive parents generally have the same responsibilities as biological parents to financially provide for their adoptive child. Whether a stepparent adopted their partner’s biological child or two individuals adopted a child together, they have the parental obligation to provide support payments.
This responsibility cannot be terminated, including through divorce or legal separation, because adoption is permanent. It’s important to understand the legal implications of child adoption, including the parental rights and liabilities gained through the process.
Q: What Is Presumed Parentage Versus Parentage by Estoppel?
A: Presumed parentage can refer to when a married couple has a child, the husband is presumed to be the father. It may also refer to when a parent puts their name on a child’s birth certificate despite not being married to the biological mother, presuming themself to be the biological father.
This is notably different compared to parentage by estoppel, which is when a parent knowingly presents themself as a child’s true parent despite knowing they are not biologically related.
Q: Does Disestablishing Parentage End Child Support?
A: If you have previously presumed yourself to be the biological parent of a child but recently disproved that parentage, or disestablished paternity, that does not automatically end your child support obligations.
If you have a preexisting child support order, a family court judge must first verify your findings and officially end the support order. If you are currently amidst divorce or child support proceedings, your lawyer can present the paternity findings when support is being determined.
Q: What Rights Does a Non-Biological Father Have?
A: The parental rights a non-biological father may have depend on the specifics of his situation. For example, an adoptive father or stepfather usually retains the same rights as a biological parent.
If you and the child’s mother were married, meaning you were presumed to be the biological father, but you later discovered you weren’t, your rights can depend on your relationship with the child. Speaking with a qualified family lawyer can shed light on your circumstances.
Dedicated and Adept Child Support Lawyers
The professional team at the Law Offices of Lisa R. McCall has successfully helped countless individuals and their families with their legal issues. Contact us today to schedule a consultation with an experienced and insightful child support lawyer.
