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Paternity and Property

Discussion in 'Paternity Law & DNA Tests' started by vmb888, Apr 7, 2017.

  1. vmb888

    vmb888 Law Topic Starter New Member

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    Jurisdiction:
    Georgia
    2013=Divorced with Contract that I payoff a car loan (the tag, insurance and loan are in my name only!) 2016=Jan., I lost my job. March-last payment was made. May-Bank repossessed the car. The loan had $10k balance. August-bank sold the car for $4k. Now, I owe the bank $6k. Sept- Judge rules on Contempt action for me to pay my ex $400/mth until the balance is paid off. I dont believe the Judge understood that I was paying the bank. I make $20k less income than in 2013 or 2016 and have 2 more kids. Her current spouse will confirm statements that I would "pay for it" after he attempted to get me the car back. What can I do to remove that car? Also, after my last 3 kids (2nd from same ex) came out with no resemblance to my 1st born (12yrs). I did a DNA test and found out, I'm not her biological dad. We married after the birth. She is ruining my life. Can i sue her civally? What are the other stipulations? Please help!
     
  2. leslie82

    leslie82 Well-Known Member

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    If you were in arrears for child support the judge doesn't care about your other bills. If you can't afford your child support payments you file a modification to reduce the payments based on a change in income.

    What do you mean remove the car? If the loan is in your name you owe the bank. No one else does. It's your responsibility. So since you defaulted on your loan the bank took their car back.

    If you want to disestablish paternity read these files: http://dso.georgia.gov/sites/childs...ernity&LegitimationOfChildBenchCard-FINAL.pdf

    http://www.clasp.org/resources-and-publications/publication-1/0111.pdf

    However do you truly want to disestablish paternity and lose your child? You have been that child's father his or her entire life. 12 years you are the only dad he or she knows. Those siblings are all he or she has known and you're about to rip that from her. I get it why pay for a kid who isn't biologically yours but YOU have been raising that child. Have you thought about how your actions will affect that child? Granted you got a DNA test but you do know that not all siblings look alike right? Some look only like the mother, some only like the father and some look like no one in the family. I had a friend who has four girls. The third daughter looks nothing like the other three but they have the same mom and dad.

    You can sue anyone - doesn't mean you'll win or if the judge will even hear it. What are you going to sue her for anyway? How is she ruining your life? YOU chose to have kids with her. YOU chose to marry her. YOU took out a loan on a car that YOU defaulted on. Not her.

    Why didn't you get a DNA test done when the child was born?
     
  3. vmb888

    vmb888 Law Topic Starter New Member

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    Its not about the child support. Yes shes mine. But shes bern lying and stealing from me for 10 yrs. Reread the thread please.
     
  4. leslie82

    leslie82 Well-Known Member

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    I did read it. I had to read it about three times to understand what the hell you were talking about.

    Tell me what I missed?

    2013=Divorced with Contract that I payoff a car loan (the tag, insurance and loan are in my name only!) (So you were ordered IN the divorce decree to pay off the car that YOU took a loan out BY yourself. The loan is in your name and your name alone. Right?)
    2016=Jan., I lost my job.
    March-last payment was made.
    May-Bank repossessed the car. The loan had $10k balance.
    August-bank sold the car for $4k. Now, I owe the bank $6k.
    Sept- Judge rules on Contempt action for me to pay my ex $400/mth until the balance is paid off.
    (So you lost your job and couldn't make car payments OR child support payments. Why didn't you go file a modification with the court once you didn't find employment right away? So the bank took back THEIR car because you didn't finish paying it off. They then sold THEIR car. You still owe them money. What's your point? What does the judge need to understand? You were there in front of that judge about child support - not your car payments).
    I dont believe the Judge understood that I was paying the bank.
    I make $20k less income than in 2013 or 2016 and have 2 more kids. Her current spouse will confirm statements that I would "pay for it" after he attempted to get me the car back. What can I do to remove that car? Also, after my last 3 kids (2nd from same ex) came out with no resemblance to my 1st born (12yrs). I did a DNA test and found out, I'm not her biological dad. We married after the birth.
    She is ruining my life. Can i sue her civally? What are the other stipulations? Please help!

    Again what do you mean "remove the car?" You mean remove the loan payment? You can't. YOU owe the bank $4,000. So you pay them the money you owe them. That's how a loan works. Did you not understand that when you took the loan out? What do you mean her current spouse will confirm that you said you would "pay for it" if he bought the car? That doesn't help your case at all in trying to get rid of that payment. If that's what you want. I don't know what you want because your post makes absolutely NO sense.

    Did you take a court ordered paternity test or an at home test? Either way you have to go through the court to disestablish paternity. YOU are the one who mentioned that isn't your kid and you're bitching about child support payments so I generally assumed you want to stop having to pay child support.

    How exactly is your ex "ruining your life?" The only person 'ruining your life' is you because you can't pay your bills. You haven't given any information that states why you should sue your ex or how she's ruining your life.

    All I can see from YOUR information is that YOU are failing to pay your bills and keep employment. Like I said if your income has changed go to court and file a modification in child support. There's nothing the judge will do about your bills.
     
  5. army judge

    army judge Super Moderator

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    Hire a lawyer.
    The DNA test results, if true, can help.
    But, you'll need a lawyer to clean this mess up.
    You gotta pay to play, mate.
     
    leslie82 likes this.

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