Almost always, as divorced Dads, men are required to pay child support for their children along with alimony for their ex-wives. In some cases, even after the man has been proved as not being the biological father, courts contend that as he was the father during the marriage, he should continue to foot the bill. In recent years, after many such cases coming to light in the wake of DNA evidence, there has been uproar from men asking to be exempted from child support if the child is not theirs.
What to do if you want to end child support?
In case you, as a divorced dad want to put an end to child support payments, your only recourse is to petition the family court in your jurisdiction. Hire an attorney with all the necessary legal documents and file your case for relief from child support. The most viable arguments are if the child has become an adult or if you are not the biological father and have been proved so by a DNA test. In many states, even if you’re not the biological father, you’re still asked to pay child support, if you have been the father figure during the marriage. This is because the courts tend to look upon the man as the father figure in the child’s life, irrespective of whether he is the biological father or not.
What to do while the suit is in court?
When you are thinking of applying for relief from child support, remember that unless there has been a drastic change in your income levels or if you’ve been proved as not the biological father or if the child has become an adult, there is very little likelihood of any court overthrowing child support agreements worked out as part of the divorce settlement. In any case, continue with the child support payments while waiting for the verdict, as agreed upon during the divorce settlement. Defaulting on them will be seen as delinquency and will open you up for possible penalties and even legal or criminal action.
What if you’re not the biological father?
Even in cases where it has been proved that the husband is not the biological father, many family courts continue to insist upon the previously agreed child support. This is done in order to maintain the support of the father figure that the child is familiar with. Courts contend that a father’s role is not just that of a sperm donor. In recent years, after an American Blood Bank study revealed that almost 30% of all fathers have turned to be not the biological ones, men are up-in-arms, wanting to be spared from paying for children who aren’t theirs.
Many states have petitions pending before the higher courts in this regard, and a case was heard in the Supreme Court recently. This is a problem for society as a whole to deal with. What constitutes being a father? Is it just the sperm or is it the late nights, hospital visits and actually being there and helping to raise the children, forming a bond over the years? As the debate rages on, if you want to fights for your rights as a father after divorce, you have to petition the Court and abide by its ruling.
Kenny Leigh & Associates are experts in family law, and untiringly fight for fair treatment for men undergoing divorce. We are quite aware of how many family courts favor the woman and the mother, and so fight to ascertain the rights of the man and the father. We are experts in family law and take on only divorce and related cases, and also represent men exclusively. If you are a man thinking of divorce, step into one of our offices today, at Jacksonville, Gainesville, Fleming Island, Daytona Beach or Boca Raton in Florida.
By Kenny Leigh