Okay, my husband has to pay child support on a child living in another state, however he is not sure if this?

Question

child is his. The child his five and has never met the child nor has never been with the mother. THere was not a paturnity test givin and i was wondering how we would go about getting one taken to prove weather this child is actully his or not. Also is it legal for this woman to claim her child is his if in fact it is not, and if we prove he is not the father does he get the money back in which he has paid this women? We have never delt with before and am very confused on what to do. There is so much information online that it is confusing. PLEASE SOMEONE I NEED HELP!!!!

Answer 1

Seek the advice of an attorney who specializes in Family Law. He/she can get a court order for a paternity test. If the child turns out not to be your husbands, the attorney will help you both with vacating the order for child support. As for getting the money back he has paid, that would be up to the judge (and the court to make it happen). Bottom line, you should seek an attorney.

Hope that helps. I hope it gets resolved.

Answer 2

1. Get a lawyer in the state the mother lives in.
2. Petition the court in the state of the mother and demand a paternity test.
3. If his, ask for regular visitation, the child deserves the love of both parents.
4. No, illegally/fraudulently collected child support is never refunded, ever ever.

Good luck and the longer he waits to petition the court the more he pays if found to not be the father.

Answer 3

Tell him to contact the child support enforcement agency in the state he pays support through. They will do the test for him IF he's paying through them. If he's not and he's just giving the woman money...he needs to stop doing that and start paying through the agency, because anything the courts don't record, will be counted as a 'gift' and he may owe back support for the past 5 years if the woman wants to push that. Did he know ABOUT the child from the start? IF he didn't know about the child for a certain amount of time, he won't be liable for back support for the time he didn't know, even if he IS the father.

Now, if he put his name on the birth certificate, he has essentially claimed that the child IS his, and he may have to PAY to have the test done. No, it's not legal for her to claim the child is his, if she KNOWS it isn't, but if she truly thinks it is...she can certainly do that until it's proven that he's not.

Girl, I'm not trying to sound like a skeptic, nor am I saying your husband is jerking you around...but...if this has gone on from the child's birth...why would anyone pay support on a child for 5 years if they truly believed it wasn't theirs? If he knew it wasn't his, or at least had a strong suspicion...he should have made her sue him for support, at which time they would have done the test.

Answer 4

He can get a paternity test which will determine whether he is the father...some on here have told how it's done.

You need to ask yourself some questions:
1. Why would anyone pay child support for 5 years for a child that is not his?---He wouldn't.

2. Is his name on the birth certificate?--probably

3. Would he lie to you? Probably.

It doesn't make any difference if he sees the child or not.....unless he is declare NOT to be the father by paternity test....he is responsible to support the child he brought into this world....period.

If he is truly interested in getting out of his responsibility...he can file papers with a court to terminate his parental rights...a judge will determine whether or not he can.

I think you are being sold a bill of goods, dear. Perhaps you should look elsewhere.

Answer 5

Cut this woman off if there is no court order for support. Why would he have sent her money if he knows he is not the father? I'm not sure if he is being up-front with you, or even himself, if that is his story.

Once he cuts her off, let her take action with the courts if she thinks he is the father. If she brings an action, the first step is to establish paternity.

She will have to complete an affidavit with supporting facts, such as when they had sexual relations, when the child was born, any acknowledgement of paternity (hiim sending her support is an acknowledgement), any previous DNA testing, name on the birth certificate, third parties who can attest to his paternity, etc.

The test will establish rather conclusively any support obligation. SOme jurisdictions make you pay, other don't.

If there is a previous court-order to pay support and he declined a paternity test or to appear in court, he may be stuck with paying even it was NOT proven to be his child. Those payments establish his support obligation in some jurisidctions. If there is a court order, get an attorney ASAP to see what your future obligation is.

He won't get any money back from her if the child is proven not to be his. If it was court-ordered, he had to pay it. If it was not court-ordered, the courts will essentially treat it as a 'gift' that he voluntarily paid.

Answer 6

Assuming he's paying court-ordered child support (which means paternity has already been legally established)...

There was a time to contest paternity, and that time was when the petition was filed to establish paternity/request child support, so why didn’t he contest it then, ESPECIALLY if he’s ‘never been with the mother’, which I assume means he never had sex with her?

Generally speaking, if you don’t contest paternity within the proper timeframe, the court will not allow you to go back later and do it (on the basis that you failed to do it in a timely manner).

There are MANY men in this country being forced to pay child support for children that have been proven via a dna test not to be their children, because...they failed to contest paternity in a timely manner.

Hubby needs to discuss this in detail with an attorney.

Answer 7

If he has never been with the mother, then how would he ever think of paying out any money at all for a child he should know for sure is not his, if he has never been with her?? Dosen't make sense!!!! I wouldn't let him send another penny to this woman and I would want all the money back that was paid out for this so called child that is his.I think you have to petition the Courts for a preternity test. Go to the Court House in your area and they should help you on how to go about this. Good Luck!!!

Answer 8

The hunt is on by the lawyer criminal syndicate for all productive males. You need a really good lawyer, with very expensive legal fees. He will have a huge uphill course, even if the skank mother defrauded the male. The testing should have been done after the birth of the spawn of the skank.

At this point, even if there is proof of no biological relationship, he is now like a Dad. Best of luck. Please, keep us posted if you find a lawyer to take the case.

Answer 9

Im NOT an expert but first, whomever contacts him, make sure he tells them he wants a DNA test!! Did he sign a waiver or paternity when the child was born? I know in CA this has to be done and its HARD to fight it if its signed. Im not sure he is entitled to his money back but if he asks for a DNA test and it comes back positive, some states will then make him pay the fees for all parties involved. He needs to contest this if hes sure hes NOT the Father. JMO! Good luck.

Answer 10

nicely, toddler help ought to a minimum of have your new handle, so if he ever will pay, you get the money. If papers do no longer state something approximately shifting out of state, then do no longer even complication approximately it. he's the guy who has to complication approximately being caught! i do no longer comprehend although why if he does not artwork, then why would you think of he ought to have her all summer season. How would he feed her? do only no longer complication approximately what he has mentioned. he's making an attempt to scare you and he's the guy who must be scared.