state v's federal law

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kittenewen

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The state of Texas has issued a garnishment against my husband for child support on a kid thats not his. No judge or court issued the garnisment and the mother was the 1 who set the amount. I dont think this is actually legal is it???
Also they will not allow him to get DNA testing done to prove paternaty. They claim that in the state of Texas if your married to a woman when she concives you are the presoumed father nevermind the fact that they were seperated because she was cheating with her ex-husband. Texas also issued a contempt charge on him even though he was never in front of a judge. I thought only a judge could issue contempt charges but apparently Texas can do whatever they want and make their own laws up as they see fit for each case. I need Legal advise on this issue and I am planning on taking this to federal court. PLEASE if you can help me in anyway msg me or email me @ gravekeepere@gmail.com thanks
 
The state of Texas has issued a garnishment against my husband for child support on a kid thats not his. No judge or court issued the garnisment and the mother was the 1 who set the amount. I dont think this is actually legal is it???
What do you mean, "The state of Texas"? Do you mean the Office of the Attorney General? Did the OAG tell you that there was no court order? That would be unusual. It's also unusual that the mother set the amount. How do you know that?
Also they will not allow him to get DNA testing done to prove paternaty. They claim that in the state of Texas if your married to a woman when she concives you are the presoumed father nevermind the fact that they were seperated because she was cheating with her ex-husband.
That is the law in most, if not all, states, that children born during a marriage are legally the children of the husband. If they were married long enough after the births, then the courts feel that it is not in the best interests of the children to allow the father to challenge paternity.
Texas also issued a contempt charge on him even though he was never in front of a judge. I thought only a judge could issue contempt charges but apparently Texas can do whatever they want and make their own laws up as they see fit for each case.
I would guess that your husband was served notice and ignored the hearing, or was somehow mis-served. If he hadn't paid the child support, and was in arrears, then he was in contempt. It was not required that he be in front of a judge to be charged with contempt.
I need Legal advise on this issue and I am planning on taking this to federal court. PLEASE if you can help me in anyway msg me or email me @ gravekeepere@gmail.com thanks
I really think that you may have misunderstood the process, and I don't think you'll have any luck with the federal courts. Do you have a lawyer for this?
 
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