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will a paternity test that proves me not the father stop the child support payments?

Discussion in 'Alimony & Spousal Support' started by shadow69, Jul 2, 2010.

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  1. shadow69

    shadow69 Law Topic Starter New Member

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    i am now paying child support for a child thats not mine and i know its not mine the mother told me wasnt and hes not even of my race i made the mistake of signing the birth cirtificate without knowing if he was mine or not if i can prove paternity will i still have to pay child support?
     
  2. army judge

    army judge Super Moderator

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    If a DNA test proves you not to be the child's father, that is but part of your puzzle.

    You'll then be forced to go to court to stop the payments in many states.

    If the payments are by way of administrative fiat, you might be able to get them stopped by the agency that takes your money.

    You need an attorney.

    Get one ASAP to protect your money and your rights!

    Eventually, you can sue the woman that received the unwarranted largesse to recover the funds that have been taken from you improperly.



    Sent from my iPhone using Tapatalk
     
  3. shadow69

    shadow69 Law Topic Starter New Member

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    i was hoping so thank you for your advice
     
  4. Duranie

    Duranie Moderator

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    you should have had a DNA test after the birth, not waiting until now. Each state has a time limitation you can dispute paternity. how old is said child? It is possible it is too late for you to do anything. If you knew the child was not yours, then you do not sign the paperwork plain and simple. You cannot just automaticlaly back peddle out of this because mom wants child support. You need to speak to an attorney to see if you can legally dispute paternity but be advised, DNA may not matter as you are the legal father.
     
  5. Proserpina

    Proserpina Moderator

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    You also are likely unable to sue Mom for anything - you WILLINGLY signed that paperwork.

    Mom did nothing wrong...legally speaking.
     
  6. shadow69

    shadow69 Law Topic Starter New Member

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    I unwilling signed the paperwork after months before the birth of if he was mine the child it now 5 years old
     
  7. jacksgal

    jacksgal Super Moderator

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    How is it you unwillingly signed these papers? Your answer is important
     
  8. shadow69

    shadow69 Law Topic Starter New Member

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    she told me for months he was mine and tricked me into signing them i really didnt want to sign them then she convinced me to i wasnt offered a test at birth so
     
  9. Duranie

    Duranie Moderator

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    Nonsense...nobody forced you to do anything. It really doesnt matter though. You are the legal father and there is probably nothing you can do but talk to an attorney this late in the game. Do not be surprised though if its too late to do anything.
     
  10. Proserpina

    Proserpina Moderator

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    It was your responsibility to request DNA testing after the child was born.

    I cannot see you being able to disestablish paternity at this point even though you're not the child's biological parent.
     
  11. mscott

    mscott New Member

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    Why is there no recourse for women who lie about paternity? They should Make DNA a test done at birth. Everyone gets so angry at these fathers, but honestly men dont know if the child they are raising is actually their own. I think the double standard is rediculous.

    If you doubt your wife, you risk losing her, Most men just feel trapped in this situation. I really think DNA should be a test done, at the very least blood typing, at least some would get caught that way.

    There are a lot of deadbeat dads, But newsflash there are a lot of women who abuse the system.

    Women have recourse, most men do not. Women have choices if they get pregnant, men do not. A woman can decide she isn't ready to raise a child, but a man does not have that same choice. If men are forced to take on the responsibilty, then so should Women.
    On the opposite side, If a man wants to keep a child, he has no choice if that mother decides she isnT ready and she can abort that child, no matter what the father says.

    I know a lot of laws are put into place to protect the children, but in protecting the children at any expense to the parent, is it really? It causes resentment. I think the courts have to take a little more of the non-custodial's situation into consideration, because the way the system is now just breeds resentment.

    Dont let one no to your question discourage you, that is what happened to my husband. Keep looking until you are sure there is no recourse for the paternity.
    Some states have adopted paternity fraud laws in the last five years. At least I came across a site that stated that, (legal site).
    Although its unlikely you would get money back, at least try to find out if there is a way to establish paternity.
     
  12. army judge

    army judge Super Moderator

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    Most if the crooked women that hustle a man for a few bucks wouldn't have the money to pay the man that got suckered back, anyway.

    I advise all men, don't pay until you've had the DNA. In my experience about 60% of the men I've advised have NOT fathered the child the woman alleges is theirs!

    I'm sure that statistic is much higher globally. Married or not, if it were me, I'd get a DNA. You don't have to make a lot of fuss about it and don't need to tell the mother unless the test probes you (the male), not to be the father.

    Msscott, I'm with you, DNA testing should be mandatory with every birth. A national DNA database should also be established. It would be useful in locating kidnapped children and for solving crimes and unclaimed bodies.


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  13. Duranie

    Duranie Moderator

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    Men do have recourse..the should get a dna test done to make sure they are the dad. In this posters case though he willingly signed the paperwork and waited 5 years to request a DNA test and only because he does not to pay child support. Men get themselves involved in these messes on their own sometimes.
     
  14. tagykihiho

    tagykihiho New Member

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    Why does "The State" make a man pay for a child hat is not his? Are "they" to D@mn lazy to get out & find the real father? I feel that If he was paying for it Cool, but once he, LEGALLY, finds out the baby isn't his, all payments should stop. Why would you want to keep punishing a MAN for trying to do what is right, but not make the sorry b@stard who actually fathered the child have no repercussions. These sorry women who let men believe they are the father, should also have to pay unless they really just didn't know But then she should say that so he can decide whether he wants a paternity test, or not. Is a man wrong for wanting to believe he was the only one? YES I am a Woman, but it kills me how they treat men when it comes to a womwan's word about kids & harassment , and they use it to their advantage...
     
  15. Disabled Vet

    Disabled Vet Well-Known Member

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    :eek:fftopic:

    It's simple.... the worst discrimination race in American is the white male. :coolio: Name 1 organization for the white male.

    I bet when everything was peachy in this relationship the poster was ok with the child not being his. Once the relationship took a turn for the worst he decided the best thing was to hurt this child. It's the children that suffer in cases like this. If the father thought the child wasn't his to start with then a DNA test should have been done then.

    It doesn't matter if the mother told him "This baby is yours, I swear" if there was doubt he/she should have taken it up at birth. If there was a question about who the father was from the start...... well who would want to be with a women who sleeps around when she is in a relationship.
     
  16. Proserpina

    Proserpina Moderator

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    Please explain to me why it's the State's responsibility to track down every Tom, Dick or Harry?

    Really.

    This is not the State's responsibility.

    Personally, I'd like to believe that most men are SMART enough to demand a paternity test before they sign anything and get themselves on the hook. Those men don't need the State to do the work for them.

    For those who sign without doing so? Oh well.
     
    Disabled Vet likes this.

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