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Child Paternity

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kperry

Junior Member
What is the name of your state? Texas
Well it start a few days ago when a lady appeared at our door, telling us she has a 17 yrs old daughter for my husband. Now she wants child support or she will take us to court or we can just start paying like its day one. she will be 18 in May and my husband asked this lady why did she take so long to tell him that it might be possible that he's the dad. We are lost for words and we just don't know what to do. Can she take us back from day one of the childs birth if the child is for my husband to collect support? She was also married at the time and put the child in her husbands last name. She stated that the name for the father is blank on the birth certificate. What advise do you have for us please help.
 


Litigation!

Senior Member
kperry said:
What is the name of your state? Texas
Well it start a few days ago when a lady appeared at our door, telling us she has a 17 yrs old daughter for my husband. Now she wants child support or she will take us to court or we can just start paying like its day one. she will be 18 in May and my husband asked this lady why did she take so long to tell him that it might be possible that he's the dad. We are lost for words and we just don't know what to do. Can she take us back from day one of the childs birth if the child is for my husband to collect support? She was also married at the time and put the child in her husbands last name. She stated that the name for the father is blank on the birth certificate. What advise do you have for us please help.

My response:

Why did you make this statement, "my husband asked this lady why did she take so long to tell him that it might be possible that he's the dad" and not tell us what she said?

Don't talk to her again, and wait for her to take your husband to court - - which will be long after the kid turns 18.

IAAL
 

NotSoNew

Senior Member
if she received state aid and your husband is found to be the father he may be responsible for back support (for the aid) but otherwise he is not responsible until the day she files (from that day foward).

wait for her to do anything.
 

MrsK

Senior Member
Dont give her a penny.

Like the last poster said, unless she was on state aide, he will only be responsible to pay from the day that she files.

I imagine that she ISNT going to file b/c if she wanted child support, she probably just wouldve already filed for it. Your husband may not even be the father but she believes he'd be an easy target to get a little money from.

So, ignore her & wait for her to make a move.

It looks like if she just waits about 2 months, she wont be eligible for support anyway.
 

Litigation!

Senior Member
My response:

Ladies, ladies, ladies. Where's your logic?

C'mon, read the post again, and use your brain power!

Our writer said she was the one who came knocking at their door - - not the State!

If the woman was ever on State Aid, she would never have been the one to come "knocking" - - it would have been the State, a long, long time ago.


IAAL
 

MrsK

Senior Member
Litigation! said:
My response:

Ladies, ladies, ladies. Where's your logic?

C'mon, read the post again, and use your brain power!

Our writer said she was the one who came knocking at their door - - not the State!

If the woman was ever on State Aid, she would never have been the one to come "knocking" - - it would have been the State, a long, long time ago.


IAAL
Unless she told them she didnt know who dad was....like as in "I had a one night stand with a guy whose name I dont know."

Of course, you are most likely right but there is always "the white trash/trailer trash" factor.

I'm going with - its not even really his kid but the woman needs $$ & thought she'd try her luck with some guy she slept with a long time ago.
 

Litigation!

Senior Member
MrsK said:
Unless she told them she didnt know who dad was....like as in "I had a one night stand with a guy whose name I dont know."

Of course, you are most likely right but there is always "the white trash/trailer trash" factor.

I'm going with - its not even really his kid but the woman needs $$ & thought she'd try her luck with some guy she slept with a long time ago.

My response:

Let's assume, for the moment, that your theory is correct; i.e., that she collected Welfare over the years due to the fact "I had a one night stand with a guy whose name I dont know."

Trying to collect directly from "potential Dad" would be enormously stupid on her part. Remember, the papers that she signed with the State to obtain Welfare stated, in essence, that once she ever discovered "potential Dad" she's have to report that "fact" to the State. It's called "Welfare Fraud" if she didn't. Additionally, she too has a duty to reimburse the State if she starts making money. The State has a right to "keep tabs" on her income and bank accounts.

But, I tend to agree with you on "the white trash/trailer trash" factor. Trailer Trash never think this far ahead, and tend to believe that the State will never find out. That's a mistake.

IAAL
 

Litigation!

Senior Member
Halls said:
I also have huge doubts that this kids is this guys!

My response:

Okay, thanks for your "doubts" and your vote. Unfortunately, no one was voting. There's nothing in the post to prove or disprove paternity. But, you're entitled to your "belief," despite this glaring missing fact.

Also, I don't believe you meant the plural, "guys." Rather, I believe you meant the possessory spelling - - "guy's" - - with an apostrophe. Lastly, I don't believe you meant the plural, "kids," since we're only talking about "one" kid.


IAAL
 
Last edited:

jazzyjam

Member
Wouldn't her husband be considered the father since she was married at the time? Leaving the birth father blank on birth certificate while married, can she do that too?
 

txmomof2

Member
....

kperry said:
What is the name of your state? Texas
Well it start a few days ago when a lady appeared at our door, telling us she has a 17 yrs old daughter for my husband. Now she wants child support or she will take us to court or we can just start paying like its day one. she will be 18 in May and my husband asked this lady why did she take so long to tell him that it might be possible that he's the dad. We are lost for words and we just don't know what to do. Can she take us back from day one of the childs birth if the child is for my husband to collect support? She was also married at the time and put the child in her husbands last name. She stated that the name for the father is blank on the birth certificate. What advise do you have for us please help.
Texas goes from date of filing. Unless, has been stated- she received state aid. If she received TANF, she would have already had to have started a process through the OAG-

If she was legally married at the time of the birth, then the 'father's name' wouldn't be blank.

You can always have your husband call the Office of the Atty General at 1-800-252-8014 to talk to someone and see if she has named him as a potential father on a welfare case- If they tell him 'no'- then I wouldn't worry about the rest of it.

If she has, then I'd say to contact an attorney.

I know that what is supposed to happen in relation to welfare and the child support office is this- they apply for TANF- disclose names of potential father(s)- then OAG contacts them for futher information. At that point, the OAG starts trying to find or locate all potential fathers- in Texas, if she was married then the husband would be presumed to be the legal father and that business would have to be taken care of FIRST.

Have him call OAG to see if y'all are dealing with a welfare issue. If she's frauding the welfare office (I work there), then you or him could always call the local office where you are and report the fraud.
 

ceara19

Senior Member
Even if the woman was married at the time of birth, the "father" line can still be blank on the birth certificate. When mom filled it out, she could have left it blank and it would have stayed that way unless someone took action to have it changed. Being married only means that you don't need your husbands SIGNATURE to put his name on the BC. But, NONE of it really makes any difference here. The OP got the proper advice in IAAL's first response. Besides, there's not even any proof that the "child" even exsists, nevermind the lack of proof that the OP's husband is the father.
 

kperry

Junior Member
Iaal

Litigation! said:
My response:

Why did you make this statement, "my husband asked this lady why did she take so long to tell him that it might be possible that he's the dad" and not tell us what she said?

Don't talk to her again, and wait for her to take your husband to court - - which will be long after the kid turns 18.

IAAL
Well I'm sorry if i made the statement incorrectly but I was a little upset when I posted this information. She came to our home and sat down infront of the both of us and told him that the child was his and its time for him to help her mom take care of her. He then asked her why would she wait all this time to come and tell him something like this. Then she replied that she was just going through something back then. Sorry that i didn't make it clear. I appreciate you advise and thank you so much.
 
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