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Resolving paternity issues is important in order to collect the child support payments that are due for your child. However, determining whether a person can be considered to be a child's father is not a simple and straightforward matter sometimes.
What are the different types of paternity and how do these affect child support payments?
Acknowledged father. - The biological father of a child, whether he married the mother of the child or not. Acknowledged fatherhood is established by an acknowledgement and admission of the father. Acknowledged fathers are required to pay child support.
Presumed father. - Presumed paternity may be established under the following conditions:
- The couple were married when the child was conceived or born. A man is presumed to be the father if this is the case. It's important to note that some states do not consider a man to be the presumed father if he and his wife have separated at the time the child was conceived. In such cases, biological paternity should be proven.
- The man assumed responsibility of raising the child by welcoming him/her into his home and openly treating the child as one of his own.
- The man signed his name on the birth certificate of the child, signifying that he agrees to be the father.
- The man assumes fatherhood and agrees to support the child even if the child is not his own.
- The man tried to marry the woman, or married her (and the marriage was annuled later). A child conceived during this marriage, even if the marriage is not considered valid afterwards, would be considered the responsibility of the man.
Some states consider these conditions to be conclusive, which means that obtaining a DNA test of biological paternity will not make any difference. Presumed fathers must pay child support.
Alleged father. - Also called an unwed father may be required to pay child support and be granted child visitation rights should his paternity be established in court.
Stepfather. - A man who becomes a stepfather to a child is not obligated to pay child support unless he agreed to legally adopt the child.
Equitable parent. - A man who is not a legal parent may be consider an equitable parent if he has shared a close relationship with the child and consider himself to be the child's parent, especially through the encouragement of the mother of the child. In such cases, child support payments may be required and visitation rights may be granted.
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