questions & answers

Question: My fiancee moved to Wisconsin (where we currently reside) three years ago. Shortly after arriving here, his ex girlfriend in Tuscon claimed she was pregnant with his child. She wanted him to pay child support that she decided without him signing the birth certificate and without a paternity test. He desperately wants to see if she is the father but she refuses to participate. Is there any legal way to force her to cooperate? Is he legally obligated to pay child support without being on the birth certificate if it is her fault he is not able to see the child?

Answer: Your fiance has the right to file a paternity action in Pima County Superior Court and ask the Court to determine if he is the child's father.  Part of the process will include DNA testing to establish paternity. If the child turns out not to be his, he will have a legal determination that he is not the father.  That will prevent further legal issues down the line.   He can also ask the Court for parenting time if the child is determined to be his.  Child support would be determined by the court based on the income of the parties.  Paying through the court's system insures he gets credit for the support he pays.  Not taking action runs the risk that she will file a paternity action at some future point and claim back support.  Paying support directly to her is considered a gift rather than support and is not a good idea.  You can find forms and instructions on the court's website.  Go to:  https://www.sc.pima.gov/Default.aspx?tabid=119.  Get packet numbers 17 and 18.