Should the courts have the right to make a man pay for a child not his?

United States
January 10, 2007 5:39pm CST
I have a cousin who father a kid with his previous girlfriend. He also took care of her first born by another father and love her as well. His ex's boyfriend (the other guy) before him ran out of town to avoid child support. Now she wants him (my cousin) to pay child support because she cannot find the other ex-boyfriend. My cousin never gave the child (the first born) his last name. Is she allowed to do this? I hear so many stories where the court can make you pay child support even if the child not yours. Is this true?
1 person likes this
6 responses
@feralwoman (2199)
• Australia
10 Jan 07
Greetings! As far as i'm aware the courts can't make your cousin pay child support for a child that isn't his. He may have to prove the child isn't his by having a DNA test.
• United States
10 Jan 07
No. The first child is not his forsure, becasue he met his ex when she already had the first child. The second child is definety his. Plus we live in California so the laws are screwy here.
• United States
14 Jan 07
You need to look into the laws. Here in Nevada if you are not the biological parent the courts can not force you to pay child support. She would have to prove that your cousin is the father, however, if your cousin adopted the child then he would be legally and finacially responsible.
1 person likes this
• United States
14 Jan 07
No way. They can't make your cousin pay child support for a child that is not his. What he needs to do is request a DNA test. Once that comes back that he's not the father, thats the end of that.
1 person likes this
• United States
14 Jan 07
He's not the father forsure.
@jeffaim (215)
• United States
10 Jan 07
the court can enforce child support if the name is on the birth certificate. however, if he does not believe that the child is his, once a ruling is made that he must pay support he can request/require a paternity test to prove that he is or is not the father. if the test proves he is not the father, and they were just boyfriend/girlfriend (not married - marraige brings other legal obligations), then he will not have to pay support and the ruling would be reversed.
• United States
10 Jan 07
Thx for your comments. As i mention above, the first child is not his. I believe the California can screw with a man's life if they want to.
• Philippines
12 Jan 07
Your cousin seems not living together with his previous girlfriend as you say previous. If they are not living together, I believe that he could not be forced to support the child who is not his. But if they are living together and that child is a part of the family, then he is obliged to support as a member of the family. Pls check the applicable laws there in your place. The law should be followed no matter how it is disadvantageous to your cousin.
@crystal8577 (1470)
• United States
14 Jan 07
I think it may depend on the judge & state. Some will say once you take the child in as your own then you are responsible. For it to be legal in most cases you would have to adopt the child.
@resasour (378)
• United States
14 Jan 07
There are circumstances where it would be allowed. How long were the two of them together. Does the first child call him dad. etc... this stuff will be presented to the court in making a child support order. However, since they were never married, if they were not together for a long time then I would bet he would not have to pay child support for that one. Only for his own.