I thought the summons was for a divorce - but 2 weeks before the hearing I filed a null and void request (I no longer desire a divorce) and the clerk said to make sure I send a copy to my spouse attorney (which I did). After the hearing my spouse called me and told me the hearing was for a paternity test. Therefore, he was requesting me to pay for a paternity test for 1 of the children in question, that he new was not his and he verbally told me that he wanted to take care of this child and didn't want this child to know, see or hear from his biological father. My spouse told me that he was going to be the provider for this child - well now he wants a divorce and don't want to pay child support for this child. He knows the child is not his, but he want me to pay for the paternity test. If I would have known that the hearing was for proving paternity, I would have been there with bells on. Now I need to know what I can do to turn this thing around to defend myself.
2006-10-06 03:43:55 · 7 answers · asked by SLM 1 in Family & Relationships ➔ Marriage & Divorce
If he wants a divorce then he is in the right...legally.
Being married (assuming you were married when you had the child), legally he is the child's father. The only way to disprove that is for him to get a paternity test. Until he has the test he is liable for child support. However, he can sue you for any money that he has paid you on child support, once the test proves that he isn't the child's father. If you don't want the child to know its biological father, which by the way is wrong on so many levels, I suggest that you talk to your ex. Maybe if he doesn't feel legally obligated to pay for someone else's child, he will still be there emotionally for the child. So I'd have to suggest that you drop any suit that you have pertaining to child support, and save your child alot of heartaches.
2006-10-06 04:17:57 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It should have been on the Summons what it was for. I would go and get the paternity test done and talk to the judge with your lawyer. Good Luck!
2006-10-06 10:48:25 · answer #2 · answered by kolowski4 3 · 0⤊ 0⤋
You need to talk to a lawyer fast. Don't pay for a paternity test until you do.
2006-10-06 10:47:16 · answer #3 · answered by That's my final answer 5 · 1⤊ 0⤋
go to court and rerequest a paternity test.
2006-10-06 10:50:48 · answer #4 · answered by nwnativeprincess 6 · 0⤊ 0⤋
contact a lawyer
2006-10-06 10:46:49 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Don't do anything without your attorney present.
2006-10-06 11:17:00 · answer #6 · answered by acmeraven 7 · 0⤊ 0⤋
uh....lets see you want your husband to pay for another mans baby?.....sorry no help from me
2006-10-06 10:48:51 · answer #7 · answered by Anonymous · 0⤊ 0⤋