My husband has 4 kids. Two of them are not his. His exwife put his last name on the kids when they were separated but not legally divorced. They were separated 8 yrs and got divorced after that. He did not signed them but since they were legally married they have his last name. Those kids are not living with him because they don't want to. they want to stay with his grandma (not blood related but she was taking care of them). My question, does he has to pay child support for those years they were living with their grandma and still are? We live in TX, somebody told me that he has to pay but only from two years back. He want to make a blood test to demostrate he is not the dad but I don't want him to do that. That will be hard for the kids they are only 14 and 13. Please give me a good legal advide.
2006-10-08 14:31:14 · 13 answers · asked by indomable1 1 in Politics & Government ➔ Law & Ethics
If he did not legally adopt the children, then he is not responsible for paying child support. That is the law. If he did adopt them, then no matter who they live with, grandparents, friends, what have you, he must pay child support to whomever is taking care of the children. That is the law.
2006-10-08 14:41:48 · answer #1 · answered by bloomquist324 4 · 1⤊ 0⤋
Courts don't want to illegitimize children. So since his name is on the birth certificate and since he was married to the mother when they were born (even though they weren't together) he still has a legal obligation to those children, wrong as it may seem. The only way I see for him not to be on the hook for the kids is for the real biological father/s to be brought into the equation. If the courts are going to take your husband's name off of the birth certificate and support orders then they will want to be able to replace the name with the real father. I don't know how likely that is to happen since it requires the ex-wife to cooperate in naming the father/s. And I don't know if your husband is willing to go that route since he doesn't want to make things difficult for the kids, even though they aren't his.
As far as back support... somebody owes it. And it falls on your husband's head unless paternity is established naming someone else. If the real father is determined and a court order is generated then it should make him pay support - both current and back. And the order making your husband pay would then be nullified.
It might be worth finding out how much help the ex-wife will be in the process and maybe getting an attorney to help y'all through the legal end of things. Good luck!
2006-10-09 09:51:00 · answer #2 · answered by Kris 4 · 0⤊ 0⤋
First of all it doesn't matter if the children are his by blood or not. When he allowed her to give them his last name then he assumed all responsibilty. Now if his name is not on the birth certificate then that is a different subject. His name has to be on the birth certificate in order for them to come after him for any child support obligation. You can give any child any last name the you want to, even if it is the last name of the person that you are with, this does not mean that you are finacially obligated to take care of them. Only if you signed a birth certificate stating that you would assume all legal responsibility for that child. He in turn should not be legally responsibile for paying anything on the children. He really would need to get a blood test done to state that they are not his blood children and he did not sign anything to state that he would take on that responsibilty. Now if he adopted those children and did it legally through a court system then he does and is responsibile to take care of those children. The best advice I can give you is to go to your local court house and they should have legal aid one day a week that is free for you to go speak to and they can give you all the legal advice based on your laws in the state that you are from. If that doesn't do you any good then you should contact a lawyer and ask if they will do a case pro bono. Every lawyer does a case pro bono, I think that it is once a year. Good luck to ya!
2006-10-08 23:12:19 · answer #3 · answered by branaly 2 · 0⤊ 0⤋
I assume these children lived with your husband at some point. This could mean that he could be considered acting in "loco parentis". So if he lived with the children for some time and was the primary father figure to them (especially if the biologial father wasn't around or paying support) he is essentially assumed to have accepted the resposibility for the children and may be liable for child support.
If, the first time she is asking for child support is now, 8 years later, his liability to pay is only from either the date of her application for it, or the date a judge orders it depending on where you live.
If he like only lived with the kids for nine months and never saw them for 8 years and they are not his,,,get a lawyer, actually get a lawyer anyway.
2006-10-08 21:44:11 · answer #4 · answered by elysialaw 6 · 0⤊ 0⤋
The blood test will get him off the hook for paying child support legally for the next 4 years and for any period of time prior to that. He can still be considered their dad - child support is nothing but reimbursing mothers rather than the government in lieu of welfare. I'm sorry for the cynical answer but that is the truth. If he's not the blood father - why should he pay money to his exwife or whatever.
2006-10-08 21:37:47 · answer #5 · answered by Anonymous · 0⤊ 0⤋
In California (and I suspect that the law is very similar in your state), he would be responsible for a portion of the support of his children. The exact proportion of the total support needed is determined in conjunction with his ex-wife's income -- but he is supposed to pay something, even if she is a millionaire.
His children are those minors which are his biological offspring or which he has legally adopted.
If the case goes to court, the judge is supposed to either ask for a stipulation of parentage (asking your husband to admit that he is the biological father or show adoption papers) or order DNA tests (paternity tests) to establish paternity.
I have never heard of this "two years back child support" that you mention.
Call the local Bar Association and ask for a referral to a family law attorney. You will be allowed a short -- free -- session with the lawyer who will help you decide whether you can handle this youself or need his help.
Good luck!
2006-10-08 21:45:11 · answer #6 · answered by lifeloom 2 · 0⤊ 0⤋
If he gets taken to court for back pay for child support, he can request through the judge for a paternity test, which cannot be denied by the other party. It would be court ordered. Once paternity is proven, then he'll be assessed an amount for child support. If he isn't the father of 2 of them, then those 2 kids are not his problem or obligation. But for the other 2, he will be responsible for.
2006-10-08 21:51:41 · answer #7 · answered by Rica 82 5 · 0⤊ 0⤋
If he's adopted the children or is listed on their birth certificates there's no way of getting out of it. However, if he needs to prove that he is not the father, he needs to do that. If the court finds that he is the father and all that he will have to continue paying child support unti lthey are 18 and will have to pay the back pay owed. Taking the test is not going wo warp these kids any more than they probably already are, besides there's no need to lie to them more than is necessary.
2006-10-08 21:41:41 · answer #8 · answered by J 4 · 0⤊ 0⤋
He shouldn't have to pay child support for them. Why isn't their biological dad paying? But like someone said if he has been acting like the supporitng father, the court may make him pay. He should get a good lawyer, so he is not stuck paying for someone else's children.
2006-10-09 08:45:59 · answer #9 · answered by jack russell girl 5 · 0⤊ 0⤋
i hate child support, but i think he only back pay 12 mths, well that what happen to my son father and he didnt pay for 2 1/2 years
2006-10-08 21:41:07 · answer #10 · answered by Anonymous · 0⤊ 0⤋