is he still responsible?

my fiance and i live in florida he has a son whom he's been a father to for all six years of his life.Two years ago the mother placed him on child support and although he never signed the birth certificate paternity was esablished through the courts because he never denied paternity.Recently through dna testing we've found out that he's not the father although the mother denied knowing that.Is he still legally,finacially, or other wise responsible for this child? will she be required to pay past support back?

[Gracie3787]

Originally Posted by furiousfiance

my fiance and i live in florida he has a son whom he's been a father to for all six years of his life.Two years ago the mother placed him on child support and although he never signed the birth certificate paternity was esablished through the courts because he never denied paternity.Recently through dna testing we've found out that he's not the father although the mother denied knowing that.Is he still legally,finacially, or other wise responsible for this child? will she be required to pay past support back?

Unfortunately, because your fiance did not deny paternity or demand DNA test at the time CS was ordered he is considered the legal father. I assume that if he tried to go back to court they would deny any motions/petitions on the basis that too much time has passed for him to do anything.

Even worse, there was a case recently in Florida where the father found out later that he wasn't the bio father, he took his case all the way to the state supreme court- their ruling? It doesn't matter that he is not the father, he still has to support child anyway.

There is something in this that is more important than CS, and that is that a 6 year old boy knows and loves your fiance as his father, it is not his fault that his mother named the wrong man as his father.
I understand your anger and your fiance is probably angry too, but does a 6 year old have to lose his "Dad"?

It is a very bad situation and I wish your fiance, you and the child the best.

well what rights will the biological father have?

[stealth2]

At this point, none. HE would have to file for a paternity test in order to gain any rights whatsoever.

I'm curious - why did your fiance suddenly decide to have a DNA test done after all these years of accepting paternity?

well he's always questioned the child due to the timing of the pregnancy and the birth although im not sure why it took him so long to actually do anything,I have asked but haven't gotten much of a response.well if the biological father of the child does decide to file for paternity will that in affect get my fiance off the hook?Because it is my understanding that thats what he wants to do as well as have the childs last name changed.

[stealth2]

That would really be up to the judge. It's not impossible that your fiance will still hold some responsibility as he DID accept it and HAS acted as a father to this child. All three adults here (Mom, LegalDad, possible BioDad) need to sit down and really think about the ramifications to the child.

well im just worried that this will turn into an ugly situation.my fiance hasn't expressed any interest in no longer being the childs father he just wanted to know the truth and he has bonded with the child and vice versa. of course he's worried with the now bio dad wanting to come into the picture after all this time thathe will no longer have any rights.i was just curious as to what his options, responsibilities, and rights are. this a very delicate situation especially for the child who as of now is in the dark about all of this and even if he did know i don't think he's capable of comprehending it fully.but thanks

I live in Maryland and was paying support on a child that the mother took to Oklahoma. A couple of years into paying I had reason to ? paternity, but no one would help because the money was being paid. The case was closed for "noncompliance of costodial parent" Recently it was reopened by the stae of Oklahoma without any notice to me because the child is now in foster care. I immediately started asking question and a paternity test shows I am not the father. However, Oklahoma child support says the have the origional ruling and are going to continue to enforce it. Can they? What can I do to fight them?

[LdiJ]

Originally Posted by im4tv

I live in Maryland and was paying support on a child that the mother took to Oklahoma. A couple of years into paying I had reason to ? paternity, but no one would help because the money was being paid. The case was closed for "noncompliance of costodial parent" Recently it was reopened by the stae of Oklahoma without any notice to me because the child is now in foster care. I immediately started asking question and a paternity test shows I am not the father. However, Oklahoma child support says the have the origional ruling and are going to continue to enforce it. Can they? What can I do to fight them?

You need to get an attorney in Oklahoma to fight this for you.

[BelizeBreeze]

Originally Posted by im4tv

I live in Maryland and was paying support on a child that the mother took to Oklahoma. A couple of years into paying I had reason to ? paternity, but no one would help because the money was being paid. The case was closed for "noncompliance of costodial parent" Recently it was reopened by the stae of Oklahoma without any notice to me because the child is now in foster care. I immediately started asking question and a paternity test shows I am not the father. However, Oklahoma child support says the have the origional ruling and are going to continue to enforce it. Can they? What can I do to fight them?

And quit hijacking someone else's thread and start your own.

[BelizeBreeze]

While it is true that Florida allows the establishment of paternity until age 22 (age of majority plus 4 years), there is an excellent discussion here [URL=http://http://www.clasp.org/DMS/Documents/1048260646.77/view_html]http://www.clasp.org/DMS/Documents/1048260646.77/view_html[/URL] that everyone should read regarding the issues of disestablishment of paternity and the view of various courts and legislatures.

It might help give you some ideas and background in which to ask the correct questions should this in fact, occur.

[LdiJ]

Originally Posted by BelizeBreeze

While it is true that Florida allows the establishment of paternity until age 22 (age of majority plus 4 years), there is an excellent discussion here [URL=http://http://www.clasp.org/DMS/Documents/1048260646.77/view_html]http://www.clasp.org/DMS/Documents/1048260646.77/view_html[/URL] that everyone should read regarding the issues of disestablishment of paternity and the view of various courts and legislatures.

It might help give you some ideas and background in which to ask the correct questions should this in fact, occur.

That link doesn't work.

[BelizeBreeze]

Originally Posted by LdiJ

That link doesn't work.

[URL=http://www.clasp.org/DMS/Documents/1048260646.77/view_html ]CLICK HERE[/URL]

Sorry LdiJ, but you'll notice that there are two HTTP:/**s in the URL. If you take one of them out it does work. Or you can click above

[LdiJ]

Originally Posted by BelizeBreeze

[URL=http://www.clasp.org/DMS/Documents/1048260646.77/view_html ]CLICK HERE[/URL]

Sorry LdiJ, but you'll notice that there are two HTTP:/**s in the URL. If you take one of them out it does work. Or you can click above

That was an excellent and very comprehensive analysis. I am saving that one. Thanks for the link.