my hubby was married ten years ago they had a baby. they divorced found out she was cheating he tooka DNA test and found out the kid wasn't his. his parental rights were terminated. Now four years later he gets a letter from FOC saying that they are reinstating his parenthood and making him pay because his name is still on birth certificate because they havent found the real dad and she hasn't been adopted. Can they really do that? we are barley surviving as it is and have our own kid.. can they really make him pay for a kid that isn't his just because at one point he was tricked into thinking it was?
2007-02-26 07:57:11 · 12 answers · asked by concernedwife 1 in Family & Relationships ➔ Marriage & Divorce
You need a lawyer! If you don't get one, most likely, you're going to have to pay this child support!
2007-02-26 08:02:30 · answer #1 · answered by olderbutwiser 7 · 2⤊ 0⤋
Yes, sadly, it's true.
Even through DNA testing, if he is in the birth certificate he is legally responsible for supporting the child, despite the fact that it has been stablished that the child is biologically not his.
There are several and famous cases about this, and the answer from the courts is the one that I gave you above.
I'm sorry, I know that this is not what you want to hear, but sadly, the legal relevance of a birth certificate holds more legal ground than DNA testing.
Good luck
2007-02-26 08:28:49 · answer #2 · answered by Blunt 7 · 1⤊ 0⤋
He should bring this to court. H e won't be made to pay if the child isn't biologically his. It is too bad his name is on the certificate though b/c the ex could argue that he in essence adopted the child. Tricky situation.
2007-02-26 08:03:51 · answer #3 · answered by Christabelle 6 · 0⤊ 0⤋
If he is on the birth certificate he is considered the childs father therefore liable for paying child support.
2007-02-26 08:21:29 · answer #4 · answered by todayillsee 3 · 3⤊ 0⤋
yup, thats true, it can still be ordered if a man was the only child he/she knew as a father.... the only father figure they know. so its in the best interest of the child to keep the only father they know.
the laws are basically this:
there are no "fathers rights" in child support
there are no "mothers rights" in child support
there are ONLY the childs rights; and all laws reflect such.
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2007-02-26 16:29:44 · answer #5 · answered by Yvette B yvetteb 6 · 0⤊ 0⤋
In some states, yes, they can make him pay. It's so sad but so true. Get a lawyer and see if they can shed some light on how to beat the system in this case.
~Doesn't that make so angry~
2007-02-26 08:03:18 · answer #6 · answered by Always Camera Ready 3 · 2⤊ 0⤋
nope. if it's not his biological kid he has no rights. this should've been taken care of when the paternity test was done. you'll need a copy of the test results to contest the child support order - you better act fast before they start garnishing his paychecks before he gets them!
2007-02-26 08:02:37 · answer #7 · answered by 1912 Hudson 4 · 1⤊ 0⤋
Wow that sound outrages, to need to get a lawyer
2007-02-26 08:05:43 · answer #8 · answered by BeBu 3 · 0⤊ 0⤋
no they can not if the dna test shows it wasn't his.....contact a lawyer....you can find one that offers free consultation in the yellow pages....stand up for your rights and don't let them get to you.
2007-02-26 08:04:30 · answer #9 · answered by Kickin' Back 2 · 0⤊ 1⤋
It depends on the state. What state is trying to collect from you?
2007-02-26 08:02:40 · answer #10 · answered by LasVegasMomma 4 · 1⤊ 1⤋