I'm just seeing if NE1 has any advice for my husband & I.We live in WV.He has to pay child support for a child thats not even his.We had DNA done on this child & he is NOT the biological father.But yet he has to pay child support b/c the child was born during his & his ex wifes marriage.Which i don't believe is right b/c she is the 1 who went out & done wrong.She cheated on him 7xs or more during their marriage.He stayed w/ her b/c he does however have 2 children that are his.But anyways the child support is still making him pay child support for this child.The mother lied to the judge & said she didn't know who the father was,which she does.She lied to my husband saying that it was his child,now his name is stuck on the birth certificate & hes stuck with paying child support until the child is 18 which is a crock of s***.We pay $1,000 in child support a month theres now way in H3ll we can afford a lawyer.The mother takes the kids 2 the doc all the time b/c my hubby has 2 pay for it
2006-09-12 14:09:10 · 12 answers · asked by BadAssGirlINWV 5 in Family & Relationships ➔ Marriage & Divorce
He has went to court about theDNA results but they say as long as the child was born during their marriage,he signed the birth certificate he is held responsible for that child even tho the mother went out& whored around.She could have 10 children by different men&my hubby would have 2 be responsible for every 1 of them just b/c the children were born during their marriage.The laws here are messed up.You have 2 have a lawyer b4 NEthing can be done.He didn't adopt the child.She told him that this was his baby.So he did what NE father would do sign the birth cert. and raise it.Well after 7yrs of there marriage she cheated again he told her he wanted a divorce.He told me the situation so we got DNA done on all the children&2 out 3 were his.My hubby didn't lie to me.The mother of the children lied to my hubby@the time she was pregnant&said hey this is ur baby i know it is.We don't have a problem payingCSfor the other2 that do belong2him but y should he pay4 her mistake&another mans baby?
2006-09-12 15:54:38 · update #1
I'm just replying back to the person who said how do u know the mother lied and how do u know ur husband didn't lie to u! Well every1 knows that the mother lied to my hubby while they were married & said this baby is yours even tho she went out & did what she did. How in the h3ll did my husband lie to me? When i met my husband he told me what he was going through. He said that he didn't whether any of the children were his or not b/c the ex had cheated every time she had gotten pregnant so i said lets get DNA tests done on them so we did and like i said 2/3 were his. When we got the results back we had filed papers at the court office & they had a court date and they said that he is the legal father. He did however raise this child and is still raising it by paying CS. But I think they need 2 go get the real father & make him pay b/c he made the baby not my husband and my husband has to take responsibility for what his ex wife done. And shes getting by with it.
2006-09-13 02:12:33 · update #2
Another person had said that the CS is for the child, not a punishment. I know that CS is for the child. But why in the h3ll should my husband have 2 pay for another mans babys? If u were in our situation u would understand a lot better. My husband has to provide health insurance for these children, all 3 of them.And the ex takes the children to the doctor all the time just because she however doesn't have to pay the bill. Every cough or sneeze there at the doctor. I think that taking care of the children should be 50/50.I don't think it should be put off on just one parent it however does take 2 too make the child. The mother has no job, has had 4 bfs within 1 year (some environment to have the child in huh!) welfare pays for day care, mother sits @ home or runs the roads all day & is colleting CS from my husband.Theres nothing wrong w/ her that she can't work. The CS services is in favor of the custional parent which would be my hubbys ex wife. She is the 1 who is a deadbeat mother
2006-09-13 02:21:47 · update #3
I sense and feel your pain and anguish over this situation. In Alabama he would have to legally adopt this child, so the father would have to pay child support. If he is married and she has a child thats not his and since you can prove its not; (you might have a case)! If you can't afford a lawyer then the court should provide you with one. Hopefully he will know the ends and outs of this situation and have some answers for you. Good Luck. I will be pulling for y'all.
2006-09-12 14:24:03 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Go to the link below, you can find some very good info there. Many lawyers will even offer a free consultation or offer some advice, you just have to look. If the child is not his and yet he has to pay support for the child they are saying he is a parent. If you really want to fight back check and see what it would take for him to give up his rights to this child. Parents do it all the time, once it is done that child is legally and financially none of his concern. If you do need help with lawyers also try to check Child Services in your area, most have attorney's who are paid by your taxes.
2006-09-12 14:35:42 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes I agree, justice sometimes is too slow to recognize and reconcile with science.
You have proof that your husband is not the biological father, a scientific proof. The courts have to act on that.
Since money is an issue here, why don't you visit your nearest Law school and talk to the professors there? Most Law Schools offer clinics for their students to practice law under the supervision of a professor (a lawyer). They will charge you nothing for their time and probably you will have to take care of some legal expenses.
There is also the "pro bono" alternative. A program in which Law firms and Law organizations (Bar Associations for instance) work for free. Contact them for more information on their requirements.
Your key point is to argue that since your husband is not the biological father of one of those children he is not responsible for the support of that particular child. Cases like yours prompt judges to make decisions that change the way we do things.
For instance, abortion is a legal activity due to a Court Order, not an act of Congress. Your case may follow the same path. Good luck.
2006-09-12 14:30:23 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You had DNA done and the child is proven not to be your husband's? How, then can any court make him pay for a child that was concieved in an extramarital relationship? Make an appeal to your state's governor or some other politician to get corrective action on this case. Somehow the real father needs to be found and made responsible. What a mess!
2006-09-12 14:26:53 · answer #4 · answered by Anonymous · 1⤊ 0⤋
All he has to do is go to court and prove that he did not know the child was not his. With a DNA test that should be kind of easy. However, he should get a good lawyer one who deals with fathers rights is best. The court will not bastardize the child with out a small fight. He has to follow through on this.
2006-09-12 14:28:49 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You said you can afford a lawyer? I suggest he takes her to court. And get a DNA test through the courts. Find some way to show them that isn't really his child. Now if he adopted the child that may be something different. Though I'm no lawyer.
2006-09-12 14:14:33 · answer #6 · answered by Nike W 4 · 0⤊ 0⤋
Sorry, but that is the way the law reads right now. The child was born during the marriage and child support is for the child not a punishment.
If he knew who the father really was..........
2006-09-12 14:16:51 · answer #7 · answered by demarkation_line 4 · 0⤊ 0⤋
If the child is born while they are married, I believe you are going to find that it, legally is his. Anyway. How do you know the mother lied Could your husband have lied to you?
2006-09-12 14:15:08 · answer #8 · answered by Jimfix 5 · 0⤊ 0⤋
SMALL CLAIMS COURT AND GET THE MONEIES BACK JUDGE JUDY MATHIS JOE BROWN GET THE MONEY BACK AND DONT WAIT TO LONG SHES GETTING OVER BRING THE STATEMENT OR PETIOTION THE COURT TO HAVE A DNA SHE WILL HAVE TO PAY ALL THE MONEY BACK AND SOME WHETHER MARRIED OR NOT CALL LEGAL AID THEY HAVE ONE IN EVERY STATE
2006-09-12 14:16:28 · answer #9 · answered by Judy D 3 · 1⤊ 0⤋
Contact a lawyer.
2006-09-12 14:24:53 · answer #10 · answered by Anonymous · 0⤊ 0⤋