Husband got served child support papers last August 06 he was informed that he was to take a paternity test to determine if the child was his or not he sent in the denial paperwork stating he wasn't sure or not if her was the father they scheduled him for a paternity test back in December of 06 and he went in and the mother was scheduled in january sometime but she kept missing her appointments and now it has been strung out till now. She was the one not going into her appointments and now we may have child support built up if its proven to be his does anyone know if there is anything we can file for not being responsible for child support until the paternity was established?
2007-08-06 18:30:50 · 5 answers · asked by jen 1 in Politics & Government ➔ Law & Ethics
He can file a motion to dismiss her claim, based on the fact that she is not showing up for the appointments.
Also, if he showed up and it's all been waiting on her, he has a strong legal claim that he would not be liable for any past-due penalties based on her inaction.
However, child support is for the benefit of the child -- and is independent of whether the other party acts improperly or delays -- so, he might be responsible for back payments, even if he's not held responsible for any penalties.
His best bet is to save up some money just in case. And file the motion to dismiss.
2007-08-06 18:37:15 · answer #1 · answered by coragryph 7 · 4⤊ 0⤋
Coragryph gave you good advise.
All I can add is that if your husband does not already have a lawyer, he should get one ASAP.
File that motion for dismissal, and if it is refused, ask for a court order to compel the mother to appear for the DNA testing.
And insist on DNA Testing from the start, not a simple blood test. The most a blood test can tell is if your husband is NOT the father, or that the father had the same blood-type as your husband.
Good Luck to both of you.
Doc
2007-08-06 18:43:37 · answer #2 · answered by Doc Hudson 7 · 1⤊ 0⤋
All of the above advice is interesting, well intentioned and undoubtedly hearfelt.
But it misses the essential and necessary point: child support determinations and rules are creatures of state law. Each state sets its own standards and has its own rules as to motions.
You should consult a family law attorney in your area if you have not done so already. That attorney will be well versed in the procedural rules that control in your case, and will be able to offer your specific and accurate advice, as opposed to the generalities of those who've posted above.
2007-08-07 15:56:05 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I'm no lawyer, but if he is the father, he was the father in August 06 just as much as he is today, right?
2007-08-06 18:38:54 · answer #4 · answered by ellebee0 2 · 1⤊ 1⤋
If you believed all that, I can sell you water.
I am surprised she hasn't arrested him yet.
2007-08-06 18:39:56 · answer #5 · answered by OC 7 · 0⤊ 1⤋