He never signed papers as being the father, but he was married to another woman when he had an affair so he didn't want to lose his marriage. He lost it anyway. It's been 9 years and he finally did the test. It came back negative 0.05% What is the next step. He's paying child support for the kids and he want to get it off of him. serious only.
2006-09-06 08:58:49 · 18 answers · asked by RG 2 in Family & Relationships ➔ Marriage & Divorce
He's never had a relationship with the kids.
2006-09-06 09:10:10 · update #1
At this late date, if he's been paying support and the children think of him as their father, he may be stuck paying it until they are 18 (or 21, whatever the law is in his state).
The legal standard will always err on the side of "best interests of the child" and if the child has grown up this long believing him to be the father, then the law will continue with that presumption.
In addition, children born to a marriage are ALWAYS considered to be fathered by the man married to the mother. It's called the "presumption of legitimacy" and is pretty much the standard.
He should seek counsel with an attorney who specializes in family law in his state. He can look online or contact the local bar association.
2006-09-06 09:04:50 · answer #1 · answered by daydreamr68 3 · 1⤊ 0⤋
First off, if he has been in the role of father beyond just paying child support he needs to consider the kids and his relationship with them. Being a father is about more than just biology. In fact a court may determine that he is their father regardless of the biology and have him continue payments. If he hasn't done anything other than pay child support then he needs to get a lawyer and petition the courts to end child support and also see if it is possible to sue the mom for the child support he has paid.
2006-09-06 16:05:35 · answer #2 · answered by rkrell 7 · 1⤊ 0⤋
He has to contact his lawyer and set up court hearing in family court to discontinue child support. With documentations of the children are not bi logically his etc.
Now in some States, Each district has its own distribution of how they handle cases like this. I know locally, a women was recently sued by her ex husband for the same reason of all 3 out of 4 children became not bi logically his. He was able to sue her for back child support during the 2 years they were seperated for those 3 children. He won and was awarded the 200 a month per child. Which came out to be like $14,400 he recieved. Plus, she has to pay the court and lawyer fee's on top of that.
2006-09-06 16:02:25 · answer #3 · answered by Mutchkin 6 · 0⤊ 0⤋
He's got to go to court to get the child support money dropped. Than he could sue her for the money back depending on the circumstance. He should call a lawer right away. Most of the time in this case the lawer will get the money from the losing party so you wouldnt have to worry about having to pay.
2006-09-06 16:03:02 · answer #4 · answered by STEVE-0 2 · 0⤊ 0⤋
He need to go to court. A judge will order a new DNA test and then once that proves he is not the biological dad he will not longer be obligated to pay child support. He can then sue the woman for retribution.
2006-09-06 16:01:39 · answer #5 · answered by Anonymous · 0⤊ 0⤋
He needs to stop and think about the innocent boys first. He has to be responsible about how to handle his relationship with them if he has had any contact with them. Next, Was he ever legally declared the father and court ordered to pay the support? If yes, then he needs to call a laywer or go to a legal aid clinic and get himself declared not the father. If it was just him paying her to keep it out of the courts , then he can stop paying and she would have to take him to court and prove he is the father(which now she can't do). He can't take her to court to get back what he payed unless he can prove she knew it was a fraud(very difficult to prove). Good Luck!
2006-09-06 16:05:45 · answer #6 · answered by ednolb 3 · 0⤊ 0⤋
He needs an attorney ASAP. If his name is not on the birth certificates, then he might be able to get free of the child support. Was he married to the from conception to birth? If so, he might be regarded by the court as the "presumed father". That's very difficult to overturn.
2006-09-06 16:03:41 · answer #7 · answered by Otis F 7 · 0⤊ 0⤋
Go talk to a family practice lawyer. There's no way to deal with the child support issue without a court, and you can't go to that kind of court and expect to win without a lawyer. They can advise options, and let him know if he can stop paying and if he has recourse to recompense. Remember, what we say doesn't really matter, because laws and precedent will vary state-by-state.
2006-09-06 16:02:33 · answer #8 · answered by Qwyrx 6 · 1⤊ 0⤋
He will not win. Once you pay support you don't get out of it unless you can prove who the real farther is and file suit against him to get money back
He has been paying and courts are not going to let him stop no matter who is the farther. His paying of support makes him Daddy as far as the courts care.
Sorry
2006-09-06 17:26:31 · answer #9 · answered by Mit 4 · 0⤊ 0⤋
Call an attorney who specializes in child support cases.
2006-09-06 16:04:43 · answer #10 · answered by minnahota 2 · 0⤊ 0⤋