Today, a man was ordered to continue to pay child support on the child that is biologically not his. The motion for child support was made while he was on active duty in the Gulf, and he could not return to fight the order. He petitioned JAG for help, but the Naval Legal office is only allowed to enforce CS orders, after they are in place, not to fight a new order. As a result, a default order went into effect, and his wages were attached for an amount based on his civilian income levels, prior to active duty. This came to 70% of his net income. Upon his return, he tried to get a blood test motion made, but was turned down because once an order is in place, it cannot be overturned under any circumstances, except one. If he challenged for custody, she could prevent the challenge by stopping the CS order, but only if she is not collecting welfare. Only one state has passed laws to allow for an overturn on a child support order for non-paternity, Maryland.
2006-07-17 01:49:31 · 16 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
OMFG! I don't want to hear this... Grr. My husband is in the Navy, and I'm worried about similar things happening to him!!!!!! We need to get in contact with eachother somehow, girl! I need to find out more about this stuff. :(
2006-07-17 02:10:58 · answer #1 · answered by nik<3 2 · 1⤊ 1⤋
I think this man needs to seek legal council to see what can be done in his situation. I know in Minnesota there is a time limit when a father can not be responsible for children he has claimed as his own. I can't remember if its five years or more. But after that period of time the courts view those children as his even if he isn't the biological father.
What I'd like to know is how old these children are and if they have accepted this man as their father and he as their children.
I know here you can petition the court for a wage reduction if child support is set too high. What needs to be looked at is the welfare of the children. Are those children going to be effected by all of this ... what kind of relationship does he have with the children? Sometimes we lose sight on what is really important in life and that is the happiness of today's children.
This man should seek legal council and go from there ... Best of luck to him!!
2006-07-17 02:26:41 · answer #2 · answered by J 3 · 0⤊ 0⤋
i'm so tired of this kind of crap, and i'm also so tired of "the best interest of the child" crap too. Mommy lied, and that is why you have no daddy or child support. Luckily, there are several states that have changed that law, and many more with legislation in the works. I believe florida had this bill recently signed into office. I read a couple of answers about if he has already signed the birth certificate. That's a bunch of crap too. Mommy baby, daddy's maybe. Paternity tests should be made mandatory at birth in my opinion. Let's hold these women accountable.
2006-07-17 02:07:55 · answer #3 · answered by me 2 · 0⤊ 0⤋
You need to understand that child support laws are there for the benefit of the CHILD, not for the protection of either parent. They presume that all children are entitled to the support of two parents, so it doesn't matter if you prove you're not their parent, the child is still entitled to a father and you're the closest thing. You'll have to prove that some other shmoe is the real father and hope he's not a deadbeat loser with no job.
He should call Maury Povich, because that dude loves helping out with things like this.
2006-07-17 02:21:35 · answer #4 · answered by Steven S 3 · 0⤊ 0⤋
I would say he needs to contact a lawyer and go through civilian channels. Being active duty military at the time he should be able to get a special hearing on his behalf. It's his right to be able to defend himself in court. If challenging for custody is the only way to go though, then I'd do it. It's not fair for him to have to pay child support (unless he legally adopted the child) for a kid that is known to not be his. He needs to do everything he possibly can.
2006-07-17 02:10:20 · answer #5 · answered by rocknrobin21 4 · 0⤊ 0⤋
I would seek legal help through attorneys specializing in cases such as this. This is not out of the ordinary. It's like a "Catch 22"" though. But I disagree with continuing with the child support... in fact I believe that the mother of the child should be charged with fraud and be held liable for the repayment of all the money she has received.
2006-07-17 02:04:05 · answer #6 · answered by Beaumeader 3 · 0⤊ 0⤋
Isn't our judicial system grand? Its not right, but in one case, is he all the child knows as father? I mean, I know he shouldn't have to pay legally but if he is the only father the child knows, then in a way, its heartbreaking to mess up the child because of all these legalities. I don't think he should have to pay but I hope he doesn't just walk out on the child.
2006-07-17 01:58:02 · answer #7 · answered by ? 6 · 0⤊ 0⤋
I do not think any man should have to pay for a child that is not his. I don't even get child support from the father of my children and they are his. Why should you or any man be responsible for what is not yours. People need to see the facts, would they want to pay for something that was not theres. Get real. Only if you would do it for love of the child for yourself, no one else.
2006-07-17 02:05:31 · answer #8 · answered by Sheryl L 1 · 0⤊ 0⤋
Man I feel for you. My answer NO WAY. But it is not mine that counts. Have you talked to a lawyer. Try filing for a reduction, If it makes you feel any better I had to pay the same child support arrears twice. Anyway like I said try filing for the reduction and if the kid is not yours at least maybe you can @ least be heard.
good luck !!!!!!!!
ps. stick to it, It could take quite awhile
2006-07-17 02:06:24 · answer #9 · answered by luke 1 · 0⤊ 0⤋
No, it isn't right, but that's unfortunately the way it is. Happens to thousands of men each year.
He should go for custody then. Also maybe take it to the Supreme Court.
2006-07-18 03:49:00 · answer #10 · answered by Anonymous · 0⤊ 0⤋
If you have a grown attatchment to the child and love them, then hang in there at least until the real loser pays up.
2006-07-17 01:55:54 · answer #11 · answered by Anonymous · 0⤊ 0⤋