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Child support doesn't always end if paternity fraud is uncovered

Many women who give birth don't list a father's name on the baby's birth certificate. They choose not to if they're unclear as to who he may be or because they they don't want the information made public. Those who list it may do so simply on a hunch of who the father may be or based on what they feel is in the best interest of the child.

Sadly, in instances such as the latter, it's not uncommon for these "dad's" to later find out that they're unrelated to the child. Often times, this happens months or years after they've begun paying child support. This type of scenario is known as paternity fraud.

In most instances, a mom will have the suspected or targeted father place their signature on a paternity affidavit or urge him to place his name on a child's birth certificate. In many jurisdictions, a family court judge will then allow either one of those documents to stand as proof of paternity in a child support dispute without requesting a DNA test.

A medical test for an unrelated matter may occur at some point in the child's life, resulting in the "dad's" discovery he wasn't the child's biological father after all.

While it may would seem like common sense that the "father" discovering this indiscretion would be able to discontinue making support payments right away, this isn't how most states' laws are written.

Since the role of judges is to do what's in the best interest of a child, they may determine that requiring the unrelated father to continue making support payments is best for the child.

At the same time, a discovery that you're not the child's biological parent may allow you to stop making payments as well.

Whichever the case, it's important that you just don't stop paying support payments the moment you discover that you're not related to the child as you were led to believe. Instead, you'll want to go through the legal process of ensuring that the courts are aware of this and can enter a final decision on it.

Doing so will ensure that you don't put yourself at risk for potential arrest related to non-payment of child support. If you've been told you were the father of a child, only to later find out that you weren't, then a Manhattan fathers' rights attorney can advise you of your rights in your legal matter.

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