This has been an on going dispute with the court system for almost 18yrs. I have provided the courts with paternity test proven that the child is not mine. Since the mother cannot provide a paternal father they will not release me of child support obligation. I have another appeal coming up soon, but they will reject it like the others. This has been a waste of time with the courts because they don't want to hear me. What action do I need to take with the court to clear me of this obligation of child support. Also the mother has admitted to the courts that I am not the biological father they also won't hear her. I don't have much money, I'm not working at this moment how can I get free legal assistance to represent me in court?
2006-09-22 06:46:49 · 13 answers · asked by 4real 3 in Politics & Government ➔ Law & Ethics
Sue the mother. Other than that, I can't think of anything.
2006-09-22 06:49:15 · answer #1 · answered by Manny 6 · 0⤊ 0⤋
Other than the discrepancy of who is appealing the child support order, your brother or you, there are several facts to your case that appear to be missing.
Did you live with the mother and this child for any period of time?
This has been going on for 18 years? Do you have any sort of relationship with the child? Did she try to pass the child off as yours? When did you find out the child wasn't yours?
I suspect the courts aren't listening to you because you have accepted the obligation of this child in some manner whether emotionally or financially.
I'm fairly certain the courts have told you why they won't hear you, did you hear them?
Why aren't you working at this time?
There's nothing wrong with calling legal aid to see if they'll assist you, what's the worst they can say? No?
Again, it is surprising that after close to 18 years, you haven't had legal guideance yet regarding this issue, particularly since you are faced with ongoing support orders. Definately pieces to your story are missing . . .
2006-09-22 07:08:02 · answer #2 · answered by cinderellie11 3 · 0⤊ 0⤋
It is not clear from which country hail, as it is not indicated in your question. In South Africa, as I suppose in most other countries around the world that have either Roman-Duth Law or Anglo-Saxon Law as their basis, the High Court, as it is called here, is the upper guardian of all minors. The test that the Courts will apply is that what is to the best benefit of the Minor. Even if the child is born out of wedlock. Court will find you liable to pay for the child's support, even if it is not yours. That is... until you produce a more likely candidate and have him submit to paternity tests.
It is also not clear from your question if you and the mother of this particular child were/ are married at time of birth, or living toghether as a couple. Each case has it's own merits.
Child support also has to end at some stage. You mention in your question that the matter has been ongoing for almost 18 years. If you can prove at this stage that te child is emancipated and self sufficient, you will be released form your obligation.
2006-09-22 07:39:26 · answer #3 · answered by Lourens O 2 · 0⤊ 0⤋
Is it you or your brother? If you were married to the mother, that is why. The courts view a child conceved in marriage to be the child of the 2 married no matter what, I know that that sucks, but that is the way it is. If you were not marriedand you are on the birth certificate as father, you said that you were the father and that is why they wont listen. Legal aide should assist you for free unless she has already contacted them, then they cant represent you. That sucks also I know.
The good news is that if this has been going on for almost 18 years, you are almost done. You have no legal obligation to a child or their mother after the child turns 18.
Good luck
2006-09-22 06:59:03 · answer #4 · answered by Joy 5 · 0⤊ 0⤋
You can apply for legal aid if you meet the requirements. You definitely need an attorney to bring about a final disposition!
I am not an attorney and without doubt, every state has it's very own version of the law. But seems to me that if you can prove by "DNA" this child is not yours then you shouldn't have to pay! However, the flip side of the coin says if you were married to this woman (with child) you knowingly took on the responsibility through marriage to support both mother and child. Therefore, after divorce you still assume the responsibility you inherited through marriage!
You don't really give the details here so we have to speculate what actually transpired.
Best bet is an attorney or legal aid where you reside. They would know the best course of action regarding your personal circumstances!
2006-09-24 06:28:58 · answer #5 · answered by Anonymous · 0⤊ 0⤋
That is so f***ed up! How can they make you pay child support for a child that has proven not to be yours? That is totally unfair. what is their reasoning for this? Is it alright to take anyone off the street and make them pay for children that are not theirs? I don't think so.So, why are they doing this to you? All I can think of is legal aide, or maybe you can find an attorney that will work with you and accept payments. Not only should you not be paying child support, you should also be entitled to the money you have already given to the childs' mother.
2006-09-22 07:04:14 · answer #6 · answered by joojoobii 2 · 0⤊ 0⤋
This sounds like a nightmare. Contact the Legal Aide office in your town, take documents with you. They can help or send you to someone who can. The 'child' will soon be 18, right? Then this will end unless the mother is diging for past support.
2006-09-22 06:55:43 · answer #7 · answered by beez 7 · 0⤊ 0⤋
You started this question as third person and it became about you...so are you the brother...or the "non" father?
Regardless....you have the right to appeal. You also have the right to represent yourself so you don't have to pay a lawyer. Go to the library, or on the Internet for child support laws in your state, count and city. Find cases you can site in court to use to plead your case.
2006-09-22 06:52:08 · answer #8 · answered by mrscmmckim 7 · 1⤊ 0⤋
I have heard many similar cases. I am sorry to say that I think you are screwed. Once you are considered the 'father', either through the courts or by your actions, it is very hard to get that changed.
I believe the courts feel that the needs of the child are the most important. And, once they have someone to 'pay', they don't want that to change.
2006-09-22 06:57:44 · answer #9 · answered by Wundt 7 · 0⤊ 0⤋
Once you agreed to pay child support at the beginning, you were obligated to.
You may be able to sue the mother and get a judgment in your favor, if you've a good lawyer.
2006-09-22 07:04:34 · answer #10 · answered by whoknew 4 · 0⤊ 0⤋