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Paternity Establishment & Child Support

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phrav

Guest
I live in Ohio. I became pregnant with another man's child while separated from my husband. I got back together with my husband when I found out I was pregnant. Anyway husband's name was put on birth certificate. Couldn't live with the lie so told my husband baby wasn't his and went to CSEA to have paternity established. After 2 years paternity has finally been established. Other man was proven to be the father. We are now scheduled to appear at a hearing to determine child support. I don't know what to expect. This man is currently married. He is paying child support on another child from a previous marriage. That child will be 18 and graduate from H.S. this year. I know the biological father does some type of sales job from home and that he and his current wife have started their own business which he has made sure is in her name only yet he's the one doing most of the work and has even referred to it as their business. He has known from the beginning that he is the father of our son (even met with me after the child was born so he could see the baby). He has made it clear that he wants nothing to do with our son. I know his exwife is also taking him to court because of owed back support. I understand I should be entitled to back support from the day my son was born and for out of pocket medical expenses I incurred. Is this correct? He has a lawyer. I have a CSEA lawyer representing me. Should I hire my own?
 


Whyte Noise

Senior Member
Once again, the good old CSE lawyers..... *shakes head*

Child support generally goes back ONLY to the date that you filed for support. Say that your child was born.... January 1st, 2000. You finally get paternity established and file for child support on September 1st, 2002. They only go back to September 1st, 2002 - the date the motion was filed. Now, if your case doesn't get heard for another 2 years, they'd STILL go back to September 1st, 2002, and you'd be entitled to whatever he is ordered to pay times however many months it's been since the filing. He's ordered to pay $200 a month, and it's been 18 months, then you are entitled to backpay of $3,600.

As for your OOP medical expenses... I don't know why a CSE attorney told you that. Oh wait, yes I do. It's a CSE attorney. CSE doesn't handle custody, only child support orders and paternity if needed in order to establish those orders. It's very rare for a judge to order a father to pay for the mother's medical bills. And, especially since you went back to your husband and were with him during your pregnancy, I wouldn't count on it. You are not "entitled" to it, as the CSE attorney told you. Just as you aren't "entitled" to back child support from the day the baby was born. A judge can order those things, yes. Judges can order the father to pay for all of it.... but they are not automatic entitlements.
 
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KCMR

Guest
so basically your husband is this childs daddy? Is he(your husband) willing to adopt the child if the bio-father is wiling to terminate his rights? Perhaps you should think about this route, instead of support? --for the child's sake...not your own.

I don't think what you are doing is right...but that is just my opinion.
 
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phrav

Guest
Thank you both for your opinions. However Aricci... my husband is not the father of my son. The man I was seeing when I was first separated from my husband is the father. The only thing not right about what I did was to go back with my husband and make him think he was the father. My husband and I are separated again and going through a divorce (not because of this). I'll just say it was a marriage that should never have happened and that I shouldn't have went back to. So why is it wrong that the biological father not support the child he helped create? Why should my husband be responsible for a child that isn't his? Isn't there enough ex-husbands out there paying for children that they didn't create?
 
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KCMR

Guest
You didn't mention that you and your current husband were getting divorced.

The reason I thought what you were doing was wrong --because from your original post it looked like you and your husband were together. IT sounded like you were just going after the bio-father for no reason other than money.

I understood completely that your husband was not the childs father...however...he did seem to be the childs "daddy". Meaning that even though your husband was not the childs BIO father he was his dad.

"back support from the day my son was born " -wrong..you'll receive support from the day you filed. Please do me one favor...don't come back here crying when the father decides he wants to see the child he is supporting. k?

Do whatever you want to do.
 
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phrav

Guest
First of all I came on here just to ask a couple of questions. I tried to keep the whole issue as short as possible. To go through the whole story would take a very very long time.

Husband has never been daddy to my son or to our daughter. And I'm not going after anyone just for money. When I told my husband that the child wasn't his, he's the one who originally wanted the test done, then we dropped the issue and the biological father took it back up even after he said he didn't want to see his son. ??? I told you this story goes on and on.

Why would I cry if the father decides he wants to see his son? I didn't say I didn't want him to see him. That's his choice. He's the one who said he didn't want to.

I have a lot of decisions to make before the actual hearing and all I wanted was to have a couple of questions answered. Thank you!
 
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phrav

Guest
I reread my first post and it did seem like I'm just interested in money but that's not how I meant it to sound. I guess I'm just trying to figure out how they'd determine his support because of how he works and his business and because of his 1st child. I'm just stressed and confused about the whole issue and everything I'm being told.
 
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DevonaJ

Guest
It all depends on what state you're in. I'm in Tennessee. I filed for child support. I had to wait until my son was 6 months old to do a DNA test and establish paternity, then wait until he was 8 months old for the results. When we finally went for the child support hearing my son was 9 months old, the court did back date his child support to the day my son was born.

In Tennessee, child support is 21% of the income for child number 1, then 11% for each child after.

Depends on which state your in. There is a website that you can go to that does have some guidelines. www.divorcelawinfo.com. You can select your state and they will give you guidelines.
 

haiku

Senior Member
go to www.supportguidelines.com.

all states use different models, either using a percentage of just his income, or combining both of your incomes. any prior child support he is paying would be minused from his income BEFORE yours would be calculated.
 

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