My sons buddy met a girl 3 years ago who was 7 months pregnent, the biological dad was at the time incarcerated. He felt he was in love and married the girl a few weeks before she was to give birth...she asked him to put his name on the birth certificate so that baby would grow up with his name and he agreed to do this. 2 months after the baby was born he found out that she was keeping contact with her ex (babys real dad) so he devorced her. She resumed her relationship with the real dad after he was released from prison, and is still with him. He recieved a letter from the friend of the court saying he needed to pay child support, including all back support for this child. He requested a perternity test, but the judge said the perternity is not in question, it doesnt matter because the name on the birth certificate is all that counts. So the real dad and mom are laughing all the way to the bank...he doesnt even get visitation rights...a legal scam?
2006-10-25 17:54:20 · 13 answers · asked by catywhumpass 5 in Family & Relationships ➔ Marriage & Divorce
Yes, unfortunately this frequently happens. When the young man agreed to put his name on the birth certificate he was roped in. He needs to get a lawyer and contest the judges ruling on it. After paternity is established he should be able to get out from under the current order.
My son is with a wonderful young woman who was pregnant whn he met her. They became serious and moved in together. She asked him if he would put his name on the birth certificate because the real dad wanted nothing to do with her or the child. My son asked my opinion on it, and I told him it is best not to because he isn't the father, the real father gets to be out from under his moral and legal responsibilities, and if anything were to happen between him and the mother that the relationship didn't work out, he would be responsible for child support. He didn't sign.
Sorry your son's friend is in such a fix now. Definitely needs a lawyer to remedy a bad choice.
2006-10-25 18:13:30 · answer #1 · answered by Slimsmom 6 · 0⤊ 0⤋
He need a lawyer, I would think that it is his right to have a perternity test done. She sounds like a real loser along with the real dad. That's just plain cruel. He should get visitation if the judge is making him pay.
2006-10-25 23:27:34 · answer #2 · answered by Sexy-n-Hot 5 · 0⤊ 0⤋
Not exactly a total scam (but very deceptive, since mother continued seeing her b/f behind bars), but since he was married to the mother & he willingly signed the birth certificate ....... he is considered the LEGAL FATHER of that child (even if paternity testing shows he isn't biological father) so he would still have a LEGAL OBLIGATION for support.
He could try to get an atty. to help him try to get support order vacated, but the ex-con "daddy" would most likely have to agree to provide financial support for same child, which I'm guessing is quite unlikely.
Seems like a very unfair situation for him to be paying child support in this instance ..... but the state's main interest is making sure that children are provided for (so they don't have to pay out so much in state assistance .... i.e. welfare)
2006-10-25 18:07:46 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Your son needs to FIRST get a DNA test done on the infant/child -- and get it done ASAP.
IF the child is NOT biologically his - then he can have his attorney take this BACK to court and to FILE to have CHILD SUPPORT STOPPED.
Once Friend of the Court gets the LEGAL proof that the child is NOT his (and the judge relieves him of his support obligation) -- then he can go back and SUE in Civil Court for the return of Child Support paid -- but (for the most part) -- this is money down the drain.
2006-10-25 18:09:37 · answer #4 · answered by sglmom 7 · 1⤊ 0⤋
Your son needs to seek legal counsel as soon as possible. He can get a court ordered paternity test done. However, your son will have to sue her to get all monies paid to her back.
There is a way that he can be removed from the birth certificate but only after paternity is proven. That judge is being an ***.
2006-10-25 17:59:04 · answer #5 · answered by NyteWing 5 · 1⤊ 0⤋
Did he talk to a judge and go to court??? usually someone is served papers to go to court- he should not get a letter from a friend of the court- sounds like a scam- and he needs to get his name off the birth cert= he was duped into signing= etc= maybe it can be done legally- DD
2006-10-25 18:03:24 · answer #6 · answered by Debby B 6 · 0⤊ 0⤋
He needs to get an attorney. Without an attorney representing him, he's screwed. The term you use "legal" is not cut and dried. What is legal to one is not to another. What can be used in a court of law is technically legal, and there are degrees of legality. Don't worry or stress about it though, leave it to the attornies. They are legal professionals who deal with this all the time. Judges listen to them and respond to them. There are procedures to follow and proper paperwork to fill out. He is in the right, but he must prove it in a court of law. And without an attorney, like I said, he's screwed.
2006-10-25 18:00:42 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Ive never heard of anybody having to pay child support because their name is on the birth certificate
I would think that because the REAL dad is in the picture he wouldnt have to pay child support.
2006-10-25 17:58:22 · answer #8 · answered by Anonymous · 0⤊ 1⤋
i have a friend who has dun the same thing and thats what they told him also as long as his name is on the birth certificate theres nothing he can do but get a lawyer and fight it then he would probally win thats what they told my friend
2006-10-25 18:01:07 · answer #9 · answered by Jeannie T 3 · 0⤊ 0⤋
Thats fraud!!!! But you have to prove that he is using his wife's ss#. I doubt that can even be possible because his name wont match the ss# with the IRS and he can get into lots of trouble. I hope he doesnt get away with it if it is true.
2016-05-22 14:50:53 · answer #10 · answered by ? 4 · 0⤊ 0⤋