Full question:
I and another man was dating a woman in 1989. They got married because she was pregant with his child as he thought. A few years later (1998) when he had filed for divorced, the divorce decree said/stated that there was a child born to this marriage and he was to pay child support. The husband then requested a paternity test and found out that he was not the father of the child. Then the court ordered me to take a paternity test and that's when I found out that I was the father of a now 8 year old boy. The court ordered me to pay not only child support but 8 years of backpay. I live in Kentucky. Am I obligated to pay this support since I wasn't considered the father? Does Kentucky have a statue on if the woman is married and my name is not on the birth certificate? Can they make me pay 8 years of backpay child support? Do I have any defense or recoarse? I am still paying backpay on child support even though my son is 19 years old.
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Kentucky
Answer:
A child born to a married couple is considered legitimate in the eyes of the law. However, the fact that a person's name appears on a birth certificate is not conclusive proof of paternity. Since there is no requirement that a father sign a birth certificate, a mother may list anyone whom she believes is, or wants to be, the father. The father on the birth certificate is the presumed father, but this presumtion may be reversed by briniging a paternity action. In Kentucky, the judge in a paternity suit may order back child support. However, if the paternity action is brought 4 years or more after the child's birth, the back support may only be retroactive to the date the paternity action is filed. Accordding to KY statutes, "The determination of paternity under the provisions of KRS 406.021(1) shall be commenced within eighteen (18) years after the birth, miscarriage or stillbirth of a child. However, in such cases, liability for child support shall not predate the initiation of action taken to determine paternity as set forth in KRS 406.021 if the action is taken four (4) years or more from the date of birth."
Unmarried fathers have rights and duties similar to those of married fathers. For a father who wishes to establish that he is the biological parent, he can do so with relative ease of procedure. In most states, a paternity action takes the form of a civil lawsuit, and is clearly not a criminal matter. Only certain persons or parties have legal standing to bring a paternity action, including the mother of the child; the mother of an expected child; a man alleging that he is the biological father of a child; a man alleging that he is the biological father of an expected child; the child; a personal representative of the child; the mother and father of a child (a voluntary action filed together); the mother and father of an expected child (a voluntary action filed together); a state social service agency, interceding in cases of child neglect or need; and a prosecutor's office, interceding in cases of child neglect or need. A court determination of paternity is final, and a copy of the court's order will be needed to establish the child's rights, both present and future.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
