Robert G. Smith, PLLC

Man ordered to pay child support for baby that is not his

New York couples who share a child but are no longer together will often face the reality of one of the parents having to pay child support. Some of these situations can be more complicated than others with unique issues coming to the forefront. Such is the case with an Iowa man who is being declared responsible for the financial needs of a child that is not his.

The man and the woman are technically still married even though they have not seen one another in 17 years. The woman has a one-year-old child and, according to Iowa law, he is responsible to pay support even though he is not the biological father. The couple separated in 1999 after having been together for two years. They never moved forward with a legal divorce.

The man, believing the child support order was an error, contacted the agency and his wife to settle the matter. The woman told him that she was impregnated by a man in a one-night stand. He was informed that even though he is not the biological father, he is still responsible according to that particular Iowa law.

This case highlights the confusion that can arise with a child support dispute. Legal assistance can often be advisable when a person who has been ordered to make payments is legitimately unable to meet that obligation. In some cases, a request for a modification may be in order.

Source: New York Daily News, "Iowa man slapped with child support for a baby that's not his because he never divorced the mother he hasn't seen in 17 years", Laura Bult, March 26, 2016

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