Does he have to pay child support??

What is the name of your state? Maryland

My best friend just had a baby born about 2 weeks ago. He isnt with the girl that had the baby but when the baby was born he signed a Affidavit of parentage stating that he was the father. The girl that had the baby signed it and I know on the form it says that she acknowledges the man signing the form is the only possible father of the baby under penalty of perjury. The problem is that she lied and she was sleeping with somebody else at the time she got pregnant. My friend has already wrote her one child support check but now that he found out he might not even be the father we are trying to find out if he has to keep paying child support. Or if he doesnt and is proven the father will he have to pay her back for the time between when he stopped paying and when he found out? Anything anybody knows would be really helpful ~Thanks~

Legally until she files for CS then he isn't obligated to pay HOWEVER... if he's proven to be the father, as he could fight it and ask for a DNA test he MIGHT be ordered to pay from birth or from when mom filed.. depends on the judge.

He should consult an attorney. If it was ONLY two weeks ago, he may still be able to request a DNA test, based upon the new information.

The fact that you have not said whether the support was court / state ordered or not causes a problem with ANY advice we could offer you.

However, here are some things you need to know when speaking with an attorney.

Langston v. Riffe, 359 Md. 396, 754 A.2d 389 (Md. 2000). The Maryland Court of Appeals recently held that Family Law Article Section 5-1038(a)(2)(i)(2) applies to any action to disestablish paternity, regardless of the date when paternity was established. This provision gives an adjudicated father the right to reopen and challenge the paternity declaration against him, when post declaration genetic test results show that he is not the child's biological father. The Court further held that the adjudicated father may request a blood or genetic test in order to confirm or deny paternity. A determination of the best interests of the child is inappropriate and irrelevant to deciding whether to order genetic testing or disestablish paternity. The Court observed that, "to avoid redetermination of paternity, it is possible for courts or plaintiffs to order or request mandatory blood testing in all paternity cases. This would resolve the most frequent request in redetermining paternity, i.e. blood testing, but would also involve a substantial expenditure of public funds to cover the additional blood tests requested." The decision impacts any Maryland paternity determination made without genetic testing (although not voluntary acknowledgments entered under Maryland's current statute).

Cuyahoga Support Enforcement Agency v. Guthrie, 84 Ohio St.3d 437, 705 N.E.2d 318 (1999). The Juvenile Court did not err when it vacated its prior determination of paternity, based on the results of genetic testing, which showed that the putative father was not the child's biological father. The juvenile court has continuing jurisdiction over all judgments or orders which concern the duty of support or involve the welfare of a minor child. The putative father was responsible for all support arrears accrued before paternity was disestablished. He was relieved of future child support obligations.

From the above cases you can tell your friend that he needs to get his ass to an attorney now and petition for a DNA test to disestablish paternity. IF he is found not to be the father and IF he is paying support through an administrative finding or court order then he can petition to have it stopped based on the findings.

This WILL NOT stop any arrearages owed but will stop future payments.