Is it possible to stop paying child support on a child thats not yours?

Question

My husband is paying child support on 2 children, one is his and one isnt. We just had a child ourselves. Is there a way we can fight paying child support for the child thats not really his? He keeps telling me that because he signed the birth certificate for her and its been 6 years, that theres nothing we can do, that hes stuck paying for her.. is this correct? We dont have enough money to support our newborn because of the child support pymts he makes. I have a full time job and so does he. they say we "make too much" for assistance, but we dont see it because it goes to child support. he never gets to see this child either, the mother wont let him, but he has rights to visit.

Answer 1

I've been in your shoes. Same scenario with my husband. The attorney we talked to said to prove it in court would cost more than all the years of support we were going to pay. So, he recommended against it. If you're having trouble with money, it's doubtful you can afford it either. When my husband went before the judge (cause his ex wanted to up the support,) my husband explained our financial situation (not unlike yours) and the judge basically told him to get a second job. He told him that his kids (whether biologically his or not) would not suffer cause my husband chose to procreate again! What a sentence! So, we paid for many years for one that was his, and one that wasn't. The hard part was his ex was living with a guy who had alot of money and was self employed and 'hid' his finances. I'm still pissed about it!
So, sorry. It's easier to prove the daddy if the state needs them to pay, than it is to disprove it.
Good luck, my suggestion is to move to a place you can easily afford so your new family isn't hurt by this financial obligation that'll continue till the kids are 18.
And my friends ask me why not to get involved with guys that have kids. Good example huh?

Answer 2

You have a complicated situation. He is the presumed father because of his name on the birth certificate and his relationship to the mother at the time. You could go to court over the visitation issue and force the mother to allow visitation. You can get a paternity test to prove that he isn't the father but that won't change the legal presumption that he is the responsible father. You need a good family law attorney to help you.
Good luck

Answer 3

It depends on state law. Aside from that it is important that if he is not the biological father and he has not adopted the child that he get his name off that birth certificate. Otherwise, he may (I emphasize "may") be faced some day with a request for increase in child support, particularly when college rolls around. Or,a the child could try to claim some of his estate if he dies under certain circumstances.

Answer 4

This varies from state to state. In most, he can reopen the case and ask that the court order a paternity test. If the baby proves not to be his, he can petition to have his name removed from the birth certficate and that the support order be modified. You will need the advice of a lawyer for this one. Contact your local legal aid office. All states have a legal aid organization that will provide you with legal services at a rate based on your income. You will be able to find the number via the internet or your phone book. Good luck.

Answer 5

My god Yvette did you even read the question????????? the kid is not his!!!! id stop paying on the one and use the money for a lawyer, even if he goes to jail , he will loose his income that he has to send to a kid that not his anyway, so you should then qualify for aid, i know it's a hard choose but why should your kid starve so that some hoe can feed hers?

Answer 6

different state to state.. in some even with DNA the guy married to the mother is legally the father..its a legal mess the u need a good rip off lawyer to help you

Answer 7

First of all he should tell the judge that he cant see the kids. Also try to find out if the other lady is working because of what i know she is not allowed to work if she is getting child support.

Answer 8

he's right, i am sure the judge / attorney explained it to him. if he was the childs only father figure during a marriage, or on birth cert, it is his responsibility.

i (as well as the courts) cant stand dudes who complain they cant afford the child support and yet go out and make more babies.

makes no sense.

CHILD SUPPORT CALCULATOR
http://www.alllaw.com/calculators/childsupport/

ABANDONMENT (NO SHOW PARENTS)
http://www.alllaw.com/articles/family/

NOT ALL PARENTS LOVE THEIR CHILDREN
And "RATIONAL LIES"
http://www.alllaw.com/articles/family/child_custody/article7.asp

LAWS
http://www.divorcehq.com/spprtgroups.html
http://www.divorceinfo.com/statebystate.htm
http://www.divorcenet.com/states
http://www.divorcesource.com/
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml
http://www.divorcecentral.com/
http://family.findlaw.com/
http://family.findlaw.com/child-support/unpaid-support/support-orders-enforcement.html
http://www.divorcehq.com/deadbeat.html
http://www.divorceinfo.com/
http://www.divorceinanutshell.com/
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://family.findlaw.com/child-support/support-laws/state-child-/
http://www.supportguidelines.com/resources.html
http://www.supportguidelines.com/links.html
http://www.supportguidelines.com/laypersons.html
http://www.supportguidelines.com/articles/news.html
http://family.findlaw.com/child-support/support-basics/
http://www.spiesonline.net/deadbeat.shtml
http://www.childsupport-aces.org/index2.html

STATS
http://www.childsupport-aces.org/acesstatistics.html

FINDING DEADBEATS
(and background cks to find them)
http://www.usarecordssearch.com/
http://deadbeatsnitch.com/
http://www.wantedposters.com/skiptrace.htm
http://find.intelius.com/search-name.php?ReportType=1&
http://omnitrace.com/Missing-Persons-Search.html?OVRAW=deadbeat&OVKEY=deadbeat&OVMTC=standard
http://www.discreetdata.com/index.html
http://www.identitycrawler.net/people_search.html
http://www.peoplefinders.com
http://zabasearch.com/
http://www.crimcheck.com/personalreports.htm
http://www.easybackgroundchecks.com/
http://www.abika.com/
http://www.freeprf.com/
http://www.efindoutthetruth.com/
http://www.netsleuth.com/
http://netonlineinvestigators.com/index.asp
http://www.backgroundcheckgateway.com/
http://www.backgroundcheckgateway.com/locate-people.html


REGIONAL FEDERAL CHILD SUPPORT OFFICES
http://www.acf.hhs.gov/programs/oro/regions/acf_regions.html

FACTS AND REGIONAL FEDERAL CS OFFICE INFO
http://www.acf.hhs.gov/programs/cse/fct/fct4.htm
http://www.divorcesource.com/WI/ARTICLES/beaulier11.html
http://www.acf.dhhs.gov/opa/fact_sheets/cse_factsheet.html
http://www.acf.dhhs.gov/programs/cse/newhire/index.html
http://www.acf.dhhs.gov/programs/cse/faq.html
http://www.acf.hhs.gov/programs/cse/newhire/fop/passport.htm
http://www.acf.hhs.gov/programs/cse/newhire/fop/fop.htm
http://www.acf.hhs.gov/programs/cse/newhire/faq/faq.htm
http://www.acf.dhhs.gov/programs/cse/extinf.html
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.dhhs.gov/grants/grants_cse.html
http://www.acf.dhhs.gov/index.html
http://www.acf.hhs.gov/programs/region2/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://www.govbenefits.gov/govbenefits_en.portal
http://www.fedstats.gov/qf/
http://www.fedworld.gov/gov-links.html
http://fatherhood.hhs.gov/pfs92/ch3.htm

CHILD SUPPORT LIEN NETWORK
(some states work with them)
http://www.childsupportliens.com/

COLLECTORS
http://www.supportkids.com/
http://www.supportcollectors.com/faq.php
http://www.deadbeatdadfinders.com/
http://www.deadbeatdadfinders.com/links.html
http://www.childsupport-aces.org/index2.html
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml

TAX INFO
http://www.taxsites.com/index.htm
http://www.divorceinfo.com/taxes.htm
http://www.irs.gov/taxtopics/tc354.html
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/advocate/index.html
http://www.irs.gov/publications/p525/index.html

http://www.fms.treas.gov/faq/offsets_childsupport.html
http://www.irs.gov/publications/p504/ar02.html#d0e563
http://money.cnn.com/2007/02/14/pf/taxes/do_not_miss_tax_breaks/index.htm?postversion=2007021411

REPORT DEADBEATS
WORKING UNDER THE TABLE
(in writing, to your local and federal IRS offices)
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/compliance/enforcement/article/0,,id=106778,00.html

SEX OFFENDERS
http://www.mapsexoffenders.com/
http://www.scanusa.com/
http://www.nsopr.gov/
http://www.familywatchdog.us/Default.asp

Answer 9

dna testing is the only way i think cause if he can prove it's not his he dont have to pay and maybe be reimburse.... not to sure check with the laws in your state

Answer 10

yes yes it is u just have to prove it they have the kits for free on the net but u have to pay to have them prossessed