So you all were basically committing fraud? Hm. Feel sorry for the kid who will most likely have the rest of his life messed up because the parents couldn't get his most important document (birth certificate) right in the first place. Get an attorney and set down the problem and try to get this fixed. The biological father's names should be on the line that says "father" on the birth certificate. Joe Smoe who decided to play at being the father should have legally adopted the child to be a legal father. Now its going to require a court of law to fix the problem. Plus most likely a test or too to settle that Joe ain't really the daddy.

I would say that's a legal battle he'll have to sort out (and pay for). You don't have to do anything, because he's the one who wants to do the name change, therefore he's the one that needs to find a lawyer to help him pick his way through the maze of law that may or may not permit him to remove his name from the child's birth certificate. His likelihood of success will depend on the relevant legislation. If your laws are anything like where I live (in Australia), child suppport is a matter of federal legislation - Family Law - which counts the best interests of the child as a matter of priority in any decision affecting the child. I would say that his chances aren't good, if the law there is anything like the law here. ...Unless of course he has a truckload of money to throw away on a kickbutt lawyer who can argue that black is white and get away with it. By the way, your husband sounds like he's a miserable, selfish apology of a human being... you might be best off keeping him right out of your child's life - no child deserves to be used in such a fashion. Celebrate the fact that this mean spirited person is out of your life. Perhaps you should take his name off the birth certificate yourself, just to make absolutely sure that he's not hanging around your neck for the rest of the child's life, giving you grief and pain.

Why would you want him to pay support for a child that was not his? It was generous of him to take on the responsibility and raise your child as his own in the first place. If you want monetary support, why don't you go after the real father?

I think it can be done, but it is a lengthy process. And in some states, it doesn't matter if he is the biological father, when he signed the birth certificate, he legally took on the role. As a result he could still be ordered to pay support for the child. Please tell me that the child already knows he is not the biological father? Not just finding out? Not for nothing, but, this husband sounds like a jerk! What does Your impending divorce have to do with loving, and supporting your child?