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Collecting Child Support?

Can a biological father be made to pay child support for children who, because their mother having been re-married for 1 year, filed for and did receive survivors benefits from the Social Security Administration from the recently deceased spouse? No adoption took place, the children were not his biologically, and still carry the birth father's last name. The children were conceived out of wedlock, and paternity was never established. All children now over the age of 18. Thank you.

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Bronze Answer Medal for All Time! 220 Answers
February 1, 20161 found this helpful

Your description of the situation is complicated and I am guessing that you are not biologically related to the children in question. I suggest the biological father consult with an attorney experienced with child support and Social Security issues. Most attorneys do not charge for an initial consult, however, the biological father may need additional legal service to resolve the situation.

 
February 5, 20160 found this helpful

I would need to know from who's perspective you need to know the information. The way you have described the situation, I think you are trying to see if the biological father is excused from paying child support in this situation. Am I correct? The only way I know to be excused is if the child is legally adopted by some other party(s) and, and that's a big and, a judge has excused back child support that is owed by the father. If a court has deemed child support be paid by someone, mother or father, biological or not, (in cases where a man is married to a woman when she gives birth he is the legal father regardless of biological relationship until otherwise legally decided), it must be paid in full.

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Even if that child is adopted, passes away, (for the time the child was alive), etc. If a court has not assigned a person to pay child support, that is another matter.

 

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