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child support, child not mine

Discussion in 'Alimony & Spousal Support' started by joshy, Jan 16, 2010.

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  1. joshy

    joshy Law Topic Starter New Member

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    i know that one of the children of 2 that i am paying child support for is not mine. the state of texas is taking 119.23 out of each check every two weeks. i dont know how to prove that this child is not mine, since everything is said and done. i dont have the money for a lawyer is there any way to appeal it or something on my own. a blood test would prove the child is not mine. but my ex and the two kids live in texas and i live in colorado....what can i do?
     
  2. Proserpina

    Proserpina Moderator

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    Were you married to Mom when the child was born?

    Are you legally established as Dad?
     
  3. joshy

    joshy Law Topic Starter New Member

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    yes legally married 3 months before he was born. and yes legally established but i know im not the father
     
  4. Duranie

    Duranie Moderator

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    So what were your intentions when you married her and knew your name was getting put on the birth cert? Did you think that you could just walk away if a divorce happened? In most states you are the legal father since you were married at the time of birth. You apparantly went on and had another child with this person? So your intent was to play daddy for a few years, then you thought you didn't have any responsibility for the child? It is way too late to say you are not the Dad now. The only way to not be on the hook was to not marry her until after the birth and then of course not to allow you tp put your name on the birth cert. You are this childs father. DNA does not matter at this point. I suggest you treat the child as yours, becuase that is the way it is likely to stay.

    When you divorced, didn't you get visitation with the kids?
     
  5. Proserpina

    Proserpina Moderator

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    Then you are legally Dad.

    You ARE this child's father.

    At this point, because you didn't disestablish paternity as part of the divorce, you can't now decide you no longer want the job.
     
  6. joshy

    joshy Law Topic Starter New Member

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    no my ex wont let me see them or talk to them on the phone. i also didnt sign anything for this divorce. i didnt even know it happened until the support was taken out. i would gladly pay if i had known about it and was allowed to see them, but im not.
     
  7. Proserpina

    Proserpina Moderator

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    So file for visitation already!!!!

    (what's stopping you from doing that?)
     
  8. joshy

    joshy Law Topic Starter New Member

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    i dont know how!!!! i dont have money for a lawyer and i live in 2 states away! i would love to know how....
     
  9. Proserpina

    Proserpina Moderator

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    OK - first, do the kids live in Texas? Or is that you?
     
  10. Proserpina

    Proserpina Moderator

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    (and are you saying that custody/visitation was NOT made part of the divorce?)
     
  11. joshy

    joshy Law Topic Starter New Member

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    the kids live in texas, i live in colorado
     
  12. Proserpina

    Proserpina Moderator

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    Yep, sorry, just re-read that.

    So, go here:

    http://tinyurl.com/2ncrwb

    It has links to Texas county courts, as well as a ton of very helpful information.

    Then come back, and ask questions if need be :)

    (although the .pdf relates primarily to divorce, reading the information will absolutely help you prepare to file for visitation, k?)
     
  13. joshy

    joshy Law Topic Starter New Member

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    no i dont believe it was, but i never signed any papers and i never saw and papers about divorce. my ex sent me some papers to sign that siad i was signing my rights away, cuz she didnt want me to be the father...her new boyfriend wanted to be...next thing i know, im having child support out my check. but the only paperwork i got and signed was the the one to give up my rights. then she changed her number and moved...and im so frustrated.
     
  14. Proserpina

    Proserpina Moderator

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    Did you read what you signed?

    I'm betting you didn't sign away anything other than actual custody...and guess what? If that's the case...you can ALWAYS file to change that. Custody (along with child support) is fluid - it is NEVER set in stone permanently. It is always subject to change should the circumstances warrant such a change.
     
  15. joshy

    joshy Law Topic Starter New Member

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    so how do i file for a change from here with out and attorney
     
  16. Proserpina

    Proserpina Moderator

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    First, you read that link I provided....

    Then you come back if you need to :)


    (Actually if you tell me which county is relevant I'll try and find a direct link for you)
     
  17. joshy

    joshy Law Topic Starter New Member

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    brazoria county and i printed the packet at that link. i will read it when i get off work. thank you very much. i appreciate it
     
  18. Proserpina

    Proserpina Moderator

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    You're welcome :)

    I'll post back if I find something county-specific which may be of use to you.

    good luck - go visit those children of yours!
     
  19. Duranie

    Duranie Moderator

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    Do this right or dont do it at all. First of all why would you leave the state and leabe your kids? You need to grow a backbone to your ex and file for visitation with the kids. You cannot afford to NOT have an attorney. Since you left the state it is going t be harder for you and more costly to pursue this. You are going to have to travel to TX to see the kids. I do't understand why you would just get up and leave the kids.
     
  20. army judge

    army judge Super Moderator

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    Ask for a paternity test.
    If you were legally married to a woman that produced a child that was not yours, you are the putative father.
    Fortunately, today we have DNA testing.
    You can rebut the presumption of being the father and prove the child(ren) NOT to be yours by DNA testing.
    There are support groups that provide assistance and legal help in rebutting putative paternity.
    You need only search the internet.
    I know there are several groups available in the Denver and Colorado Springs area.
    By the way, after you prove that you are not the father, you can also sue to get your child support payments refunded.
    You could also contact "The Maury Povich Show" (as well as other television programs) to get free DNA testing.
    Those shows will also provide legal assistance in getting the payments that were extorted from you returned.
     

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