Legal Question in Family Law in Virginia
child support arrears father did not know he was father
Is it possible that a father not have to pay child support arrears if he did not know he was the father and someone elses name was put on the birth certificate
2 Answers from Attorneys
Re: child support arrears father did not know he was father
The father will not be relieved of his obligation to pay the child support arreas which have accrued under the court order. However, if he petitions the court under Va, Code Sec. 20-49.10 and the paternity test determines that he is not the subject child's father, the court may relieve him of the obligation to pay future support.
Re: child support arrears father did not know he was father
You only have obligation to pay child support if theere is a court order for it. If you do not pay pursuant to a court order you are in contempt and arrears will be assessed. The issues you raise are defenses in a case to establish support but not if there is a valid order. It is immaterial whether you knew you were the father or if annother man name is on the birth certificate. If the DNA test comes back positive you are the father and you deserve to have your name on the birth certificate.
Good luck.
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