Child Support Question?

Question

My wife and I have been seperated since 2003.We have a 5 year old daughter.IWe have never been to court for divorce,child support or any of that.Even tho we havent been to court i have been paying child support anyways.theres a good chance the child is not even mine.Do i have to pay child support by law if we havent been to court.And Im in Texas

it is recently she told me she had cheated in the past.no specific times were given but once a cheater always a cheater in my book.

Answer 1

If you have been paying then you acknowledge, that according to a court of law, she is your daughter.......... If at some future time you want to finally divorce, you need to do a paternity test....... and if it comes back that she isnt your daughter, how do you stop loving her??? .. keep on paying....... you are one of the few who do........

Answer 2

My first big question is: Why are you paying child support for a child that may not even be yours??? And if your reason is because you've been there for the kid since day one etc..etc..then that's PURELY your choice to do so. The smart thing to do would be to have a DNA test done. I don't know how Texas law works but in California fathers/mothers are required by law to provide support for their child if they are not the custodial parent. If I were you I would get this all taken care of LEGALLY because I've also been told that any monies given by the parent for child support DO NOT COUNT if it's not court mandated. So you could be paying all this money and it's going to account for NOTHING because it's not a legally binding agreement. Also, in CA if parents are deadbeats they have their driving priviledges revoked and can also serve jail time. Again that's coming from California. The first thing I would do is have a DNA test done unless you don't mind paying for another mans responsibility.

Answer 3

The only way to find out is to get a paternity test. You can either quit paying for child support. When she takes you to court, you can request a paternity test. Or just request a test...and talk with an attorney on what it will take to change the birth certificate. Actually you shouldn't HAVE to pay, but if you signed the birth certificate and have paid support in the past....the courts can have you continue. The age of the child, how much of a father you have been, etc plays into it.

Answer 4

Sounds like youre doing this out of the goodness of your heart only. Since there is no existing court order forcing you to pay there is no legal reason for you to pay, especially if you feel there is a chance the childs not yours. You can go to court to order a paternaltest and if so,adjust your support if any to Texas s guidelines, but that will probably cost you.

Answer 5

You were married, so you would owe her if she took you to court. If you don't pay it and it goes to court they will take the money out of your paycheck. If you quit your job, the welfare system will give her financial services and when you start working again they will take that out of your paycheck, plus more support. Also, if you're not certain it's your child, you need to march your butt to a clinic and get a DNA test to know for sure and stop using it as an excuse. You obviously figure there's a chance she is yours because you've been providing financial support. I don't think denying her money will do you any good because it will end up costing you more later.

Answer 6

No, there's no legal obligation to do this since the legality hasn't been enforced. However, there's the moral issue. If you have an idea that the child isn't yours, prove it through a paternity test.

Lastly, in paying the child support now, that could prevent arrearage in the future when this thing does finally go to court. So save your receipts/cancelled checks.

Answer 7

First of all you need a court mandated DNA test. Then if it is proven that you are NOT the biological father you can sue her for all of the support you have paid up until this point and will not be required to pay any longer. If she wants child support she will have to have to get a court order for the other man to submit to a DNA test and if he is found to be the biological father then she must file for child support from HIM. She will not be able to get back support from him though. Yes you do have to file in court for DNA testing, but this way if she doesn't comply she will be in contempt of court and can be jailed.

Answer 8

1 - get a lawyer. 2 - get a DNA test, but keep paying in the meantime just in case.

There is usually a time limit where you can contest the child even being yours, but if found to not be yours you should not have to pay, they should go after the real bio dad. Since you are still legally married you might be able to fight this. I do believe in non-custodial parents supporting their kids, in every way, but if the child is not yours that is fraud on your wife's part and you should not have to pay, imo.

Answer 9

I am not sure about the specific laws in TX, but I can't imagine they are too different from the rest of the states. You are legally responsible for child support, unless your spouse agrees to accept nothing (not likely, and if she does, she sounds like a find and you should seek to date her! sorry.. couldn't resist!). In any case, you should be supporting your child with or without laws telling you to do so. Coming from someone who pays child support every month I know of what I speak!

Answer 10

Child support is court ordered. If you've been paying without an order, I hope you kept your receipts. As far as paternity, you don't have to be biologically connected to love a child and to want to take care of her. If you feel you need a DNA test, take one, but you could end up with your heart broken.

Answer 11

You know, when I was a kid my parents fought about support and custody and the only thing that seemed to fuel their lives was their hatred for each other. Neither I nor my brother talk to either parent now. You reap what you sow. If you want a future relationship with that child, you will act in a civil manner in front of the child and not let her know you are questioning paternity. Don't let your dislike for the mother ruin your relationship with the child.