mother of child is seeking child support payments for this child behind her husbands back her husband has no idea of what is going on. Had a affair with her, child may be mine not sure. child was born to thier marrige 4 yrs ago.she wants money sent to a different address so her husband will not find out. can she suit me for paternity if it has been established with her husband? I understand that in calif. the statue of limitations is 2 yrs for a motion of dna testing under this circumstances. Can she still seek money from me?
2006-12-08 02:03:02 · 5 answers · asked by jose p 1 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
No--I mean she can seek money, but the Court won't give it to her. Under the law when a child is born during marriage, the husband is presumed to be the father. One reason is to avoid the whole legitimacy problems that may arise if say, they get divorced and he says the kid's not his.
What I would reccommend is this: If she actually files something in Court, go ahead and respond and get a court date. Then, subponea her husband to court--he'll get the case name (and see that' it's her versus you) and he can then ask her what is going on. Then, make sure your attorney knows all the arguments regarding a child born of a marriage. Then, make sure you ask her for attorney's fees since she never should have brought that type of suit in the first place.
Of course, if you are the father and you want to be the father, then I'd counter-sue for full custody since obviulsy she has spent the past four years denying you a relationship with your child.
Finally, in the future, I'd advise you against having relationships with married women. :)
2006-12-08 02:11:28 · answer #1 · answered by kathylouisehall 4 · 3⤊ 0⤋
yes you can its theirs jods no matter all lots they years go by you still have to pay child supported its very important for the child needs if the childs needs its meet you can get in to serious
trouble with the law every time the man or women has missed the state or social service will make you pay the juge can server
a warrrent to make you that person apear in court if how ever the person is just a gold digger they can get in serious trouble if you can prove the they are doning this have every thime you give the money get a recited that will help or got to the judge with you papers showing how much you paid out day time you sent it and year that might help and all soo make sure you can go to and police officer they will help for if you get a stranning order if she causeing prombles
2006-12-08 02:22:45 · answer #2 · answered by REBECCA E 1 · 1⤊ 0⤋
She would have to get a DNA test to prove anything. Just threaten to talk to her husband about it and that if the child is yours, you will seek custody. That should shut her up.
She just wants money.
2006-12-08 02:19:36 · answer #3 · answered by Phoenix, Wise Guru 7 · 1⤊ 0⤋
If her husband signed the birth certificate then no. It might be a ploy to extort money. Demand a DNA test and then go from there.
2006-12-08 02:13:05 · answer #4 · answered by *~*Jon-Jon's Mommy!!*~* 5 · 2⤊ 0⤋
She is blackmailing you. Dont send money unless she has DNA proof. But you said paternity has been established with her husband, how? You should tell her husband.
2006-12-08 02:12:09 · answer #5 · answered by Stewiesgal 3 · 2⤊ 0⤋