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  #1  
Old 10-30-2006, 04:54 PM
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Join Date: Oct 2006
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Question

not my kids, legally separated--pay child support?


What is the name of your state? Ohio
My son married his pregnant girlfriend. Two kids later, finds out neither are his biological children. Currently-Legally separated for 2 years, joint custody, no child support. Now "mother" wants child support, even though paternity tests show that neither are my son's children. My son loves these kids and has them with him 95% of the time that he is not working--Saturdays, Sundays, and several nights a week. He pays for their clothes, preschool, toys, etc. Does my son have to give the "mother" money for child support?????What is the name of your state?What is the name of your state?
  #2  
Old 10-30-2006, 04:56 PM
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Join Date: Jan 2005
Posts: 14,775
Quote:
Originally Posted by linkas View Post
What is the name of your state? Ohio
My son married his pregnant girlfriend. Two kids later, finds out neither are his biological children. Currently-Legally separated for 2 years, joint custody, no child support. Now "mother" wants child support, even though paternity tests show that neither are my son's children. My son loves these kids and has them with him 95% of the time that he is not working--Saturdays, Sundays, and several nights a week. He pays for their clothes, preschool, toys, etc. Does my son have to give the "mother" money for child support?????What is the name of your state?What is the name of your state?
You've made me tired already.
__________________
"Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." (Ford)
  #3  
Old 10-31-2006, 08:49 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,818
Quote:
Originally Posted by linkas View Post
What is the name of your state? Ohio
My son married his pregnant girlfriend. Two kids later, finds out neither are his biological children. Currently-Legally separated for 2 years, joint custody, no child support. Now "mother" wants child support, even though paternity tests show that neither are my son's children. My son loves these kids and has them with him 95% of the time that he is not working--Saturdays, Sundays, and several nights a week. He pays for their clothes, preschool, toys, etc. Does my son have to give the "mother" money for child support?????What is the name of your state?What is the name of your state?
By marrying the pregnant girlfriend, he became the legal father of the child she was carrying and any other child born during the marriage. If he has joint custody then he has basically admitted to the court that these are his children. If he did not want to be the father he should have disputed paternity before fighting for custody.
However he is daddy. Biology doesn't matter. He doesn't have to give mom (drop the quotes -- it is demeaning to both you and the mother of these children) anything but he very well may be ordered to pay mom child support.
If he wants to dispute paternity he better realize a few things: the court will question how long he has had doubts and why he admitted paternity earlier and even if he was able to successfully dispute paternity he would LOSE any legal rights to have custody of these children. Depending on the age of the children (how old are they?) the court may not allow him to dispute it. He cannot just decide he does not want the financial obligation imposed by child support and yet want the right to custody granted him by being a father. Its all or nothing.
Truthfully mom, you need to back out of this situation. You are NOT helping matters.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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