Bad ruling?

Question

So I had divorced my wife cause she had cheated on me and had a child that wasn't mine. She knew the child wasn't my child but didn't tell me about it. I found out after my son told me that "mommy" had told him he had two dads. I did a DNA test and found out that the child wasn't mine. I went to court by the judge (a women mind you) ruled that I had to pay child support, give up my house and my car (my wife had her own car that i paid too) and give 60% of my money. How is this fair? What i do? Im nearly broke.

Answer 1

Dispute this decision. Get a good attorney. Of course this is a bad decision. If another judge upholds the decision sue for full custody and child support from your ex-wife and biological father.

Answer 2

This should definitely be appealed prior to the statute of limitations running. When a child is born during a marriage, many states have a presumption in the law that the parties are the biological parents of the child. This was especially necessary in the days before DNA testing when there was no real proof either way. However, since the test clearly establishes that you are not the father, the test should rebut the presumption. You may have to pay other things, and you may still be shafted in the property settlement, etc., but the child support should end and may even be refundable. However, many courts will not accept a DNA test the court did not order. You may have to file a paternity action, and in so doing, the court will order the tests. Once it is established that you are not dad, the child support should be stopped. But remember, it is entirely possible that you may lose parenting time or other contact with the child once it is established that you are not the father. In any event, do not delay. The longer you accept being dad, the harder it is to get the decision reversed. Also, a lot of what I have said depends on the jurisdiction in which you live. Contact a good lawyer.

Answer 3

MAN that super sucks ***.

n most states, if the husband holds the child out to be his own or promises to take care of the child, he will not be allowed to challenge paternity even if DNA tests later show that he is not the biological father. The same rule usually holds true if the divorce decree states that the child in question is the child of the marriage or uses similar language.

Some states have enacted rules about how husbands or ex-husbands may challenge paternity. Other states have adopted the Uniform Parentage Act. The Act allows courts to order genetic testing to answer some paternity challenges within two years of the birth of the child in certain circumstance. If the court does not order a genetic test, then the paternity is assumed to be as stated in a divorce decree or support order. Challenges may be made if fraud, duress, or some other misconduct can be proved.

Answer 4

If the child is not yours, I'm not understanding why this judge is holding you responsible for child support. At the very least, get another lawyer and go back to court.

I don't know where you live, but here in Texas, a man I know was married to this woman and they had a child. They got a divorce, in an argument later, his ex-wife blurted out, their child was not his. He went to court, ordered a paternity test and no, he was not the father. His child support obligation stopped.

Answer 5

I can't believe it. Ok. as someone that never got married, all I can tell you is that the best that happened it happened to you, that you found out the truth. There is nothing you can do on what is changing the past. But the earlier you start working on your future the better. Start by determining what is what you have to pay and using the best lawyer you can use, and bring that economic lose to the minimum, even that, make sure NOTHING is being cut from the needs of your kids, you still have to be a parent, and enjoy that part of life. Accept what you can't change, and from now on, look forward and try your best, and also, be happy that you found that out, you just married wrong, it was your fault, the best is to accept it was your fault, and now, try to do the best you can. It was her fault too, but that doesn't count, it was you the one who married her, and chose wrong.

Answer 6

it's not fair
and i told you earlier that the courts are stacked against men
and that if the courts see you as "bonded" with the child they will rule the child as a dependent and you will have to pay
and often will not allow DNA tests in, as they courts do not want another single mother on welfare, they want someone to pay for it.. and that someone is you
in some states ( Washington ) the courts will hit you for child support even if you are dating or living with a single mother, on the same "bonding" grounds
which is why Tom Leykis always says and I agree with him
NEVER EVER MARRY
and
NEVER EVER DATE SINGLE MOTHERS
and ALWAYS GET a DNA test at birth and NEVER sign the birth certificate until it comes back as YOUR DNA match to the child

Answer 7

I am so sorry this happened to you, this is so wrong. did you have an attorney and what do they say about this. you should post this question on divorcenet. that is a great site devoted to divorce and child support issues and has very knowledgeable people, not just opinions like YA. and they have state specific forums, as much may depend on the laws of your particular state.

Answer 8

go to a lawyer see about being removed from the birth certifcate,and see about having the other man having to pay you back. order her to get a dna with him proving him as the father. then go with your lawyer to court again and make sure to ask for another judge.

Answer 9

If your name is on the birth certificate, then in the eyes of the law, you are the father.

Talk to a good family law attorney if you want things to change.

Meanwhile, you have to follow the law. I'm sorry you are having financial problems, as well.

Answer 10

it isnt fair. it'd be my guess that you should not have to pay child support for a child that isnt yours unless you have legally adopted it. i'd say get a good lawyer, fight this injustice.