My husband has been served with a paternity suit. Twelve years ago, the plaintiff gave birth to a child and her boyfriend was named as the father, ordered to pay child support, etc. In 2002, he took a DNA test proving he was not the father and the judgement was set aside. Now, my husband is being summoned. Should we even hire a lawyer or is this a case he will lose? What options do we have? I thought there was a limitation on paternity especially since another was named on the birth certificate and paid support for so long, how did this individual get out of his responsibility. If my husband is the father and a child support judgement is entered, should we transfer all assets to me in order to protect ourselves? Thank you, I appreciate any feedback.
2006-11-05 15:36:46 · 10 answers · asked by some1invegas 1 in Politics & Government ➔ Law & Ethics
The ethical thing would be to find out if he is the father. If he is, then pay support with no argument. If he is the father, he should take responsibility. And, you should not be helping him to disown his child no matter what the mother has done.
Think about it. If he wants to get out of paying for his child, then will he do the same if you two have children and break up? I think it would be likely. The person at issue is the child. Have compassion for the child.
2006-11-05 15:40:34 · answer #1 · answered by Your Best Fiend 6 · 0⤊ 1⤋
Its a big giant mess, You will need an attorney. There is no way for you to "hide" assets either. Unless you move them to someone other then you or your husband.
If the guy on the birth certificate finally had a paternity test, he would no longer be responsible for support. In that case the state usually just says sorry bout that have a nice life. They then seek out who is responsible and order child support again since obviously the child is not 18.
In most cases, the law states the father is responsible for back support for 5 years. BUT your husband did not know he was the father until now. AND the other guy had been supporting the child until now.
So what will happen is the court will request financial records from both parties and order child support be paid to the mother. A lot will need to be sorted out. Make her regret being such a piece of ****, get visitation of the kid. After all your husband has not been allowed contact with his own flesh and blood for 12 years. Be outraged, fight for the kid. If the kid lives with you, you dont have to deal with her. Either way get visitation and make her pay for making you pay.
Good Luck!
2006-11-05 15:49:58 · answer #2 · answered by IveBeenHereSinceYesturday 2 · 0⤊ 0⤋
This is not a divorce case where assets are going to be divided between two parties.
IF you husband is the father they can only go back to the time that the court was petition for child support. So they can not go back 12 years. They can go back until 2002. If he is the father he will be ordered to pay child support.
The individual got out of his responsibility by saying he thought he was the father and now has reason to believe he is not. (the break-up). The DNA test must have pr oven him not to be the father or they wouldn't have even bothered with your husband.
You can get a lawyer but that's not going to change the percentage of the amount he has to pay. IT may delay the court if your lawyer can came up with a good reason why he thinks the DNA test was invalid and should be done again. However that's not going to change the fact that he needs to pay child support. IT might delay the payment but remember when all is said and done if he is the father it's going to go back to 2002.
2006-11-05 18:35:36 · answer #3 · answered by wondermom 6 · 0⤊ 0⤋
How dare you. If your husband had a child with someone, he sould take care of it. Take the test, if he is the father, he needs to pay. If he is not, then move on with life. He would only be ordered to pay the amount back until the other man was removed as the father and into the future. Support is for the child. If he has a child out there, he need to support that child. You would look like a much better person if you would stay out of it. If it is his child, you were not there when the child was made and you should stay out of it now. I understand that you want to protect what you have built, but your husband should have worn a raincoat. Also, some of the comments from others are dispicable. There is a child involved and should not be used as a pawn. You have a right to be angry, but not at the child. If you or your husband cause problems or mental harm to the child and sometimes to the parents, a judge can limit visitation or remove it all together. Tread lightly and try to make this easy for everyone.
2006-11-05 15:55:49 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Ok, first yes hire an attorney, even if he is the father, there will be alot of things to work out, child support, visitation, heck you can sue for custody of the child ( that would freak the mother out)
Next things differer by state, some states don't let them come back after so many years with someone else listed on the birth certificate, but most allow it to happen.
If you transfer property and they prove it was done to hide it, they can still get it. It can help if they don't look close, depends on how good thier attorney is,a nd how much they have already reserached in his and yoru credit reports
2006-11-05 15:41:00 · answer #5 · answered by Anonymous · 1⤊ 0⤋
If your husband is the father, he will be ordered to pay child support.
I’d just like to add that if your husband does not want to get to know this child, accept the child, and build a positive relationship with the child, then DON’T sue for custody or visitation, because the one that will truly be hurt is the child. Do not make the child (who, IF your husband is the father, would not even exist if hubby hadn’t contributed to his dna) pay for the mistakes the mother made. It’s not the child’s fault.
2006-11-05 16:10:45 · answer #6 · answered by kp 7 · 0⤊ 0⤋
i'm a splash at a loss for words right here. you have been married for 5 years the only baby is 6 the different 7, those toddlers have been conceived and born in the previous you have been married. different than for that, did he comprehend that the female he slept with 6 years in the past fell pregnant and had a baby? the fact the mummy waited 6 years in the previous submitting a paternity wholesome would desire to make your ask your self.
2016-10-21 08:22:57 · answer #7 · answered by ? 4 · 0⤊ 0⤋
I would get a lawyer who specializes in this type of case. He or she will have the experience and the qualifications to provide sound legal advice in your specific situation.
2006-11-05 15:45:35 · answer #8 · answered by Ivallinen Roisto 2 · 0⤊ 0⤋
Ur man should be fine, if his name is not the paper as the doner then there really isnt a case. Some1 already took responsibilty for it.
2006-11-05 15:42:05 · answer #9 · answered by templarfound 2 · 0⤊ 0⤋
California (guessing from your screen name) has a list of legal specialists. Just scroll down to your county and to family law.
http://calbar.ca.gov/state/calbar/calbar_extend.jsp?cid=11584&id=9185
2006-11-05 16:55:20 · answer #10 · answered by mattapan26 7 · 0⤊ 0⤋