If I can’t get the father of our 2 children to legitimize them, how canI get child support?

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If I can’t get the father of our 2 children to legitimize them, how canI get child support?

Father keeps dragging his feet because he thinks if he does not get our children legitimized, he doesn’t have to pay child support. Is this true? Is the father the only one that can get this done? My children and I need help.

Asked on August 12, 2011 Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to get an attorney. Your lawyer will file motions of paternity in court and will undoubtedly subpoena or the court will require your husband be made subject to DNA testing. Yes, for the time period the father will not be required to pay support but if he is named on the birth certificate, you might be able to get some sort of interim order. It will all depend on your state's laws on paternity regarding children born out of wedlock. Now, once the order is in, you can certainly petition for back child support and for support moving on. You need to prepare though for the possibility that this will not be a simple and quick process, especially if he has experienced counsel.


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