paternity question

[furiousfiance12]

What is the name of your state?MI my fiance has a 9 year old whom he had custody of for the last 8 years off and on. we have had the kid for the last 4 and a half years completely, now he went back to his mom because she says he is not the father. how do get a paternity test to prove this and get child support stopped??

 

[rmet4nzkx]

What are the current orders? Did he sign an affidivit of paternity?

 

[furiousfiance12]

What are the current orders? Did he sign an affidivit of paternity?

he has to pay support to her and he never signed anything

 

[rmet4nzkx]

Have your friend post his question here along with the facts. We cannot answer the question without the facts, such as what are the court's orders.

 

[furiousfiance12]

Have your friend post his question here along with the facts. We cannot answer the question without the facts, such as what are the court's orders.

right now he owes the courts $4500 in back child support and $9000 in arrears and has no custody

 

[rmet4nzkx]

Upon what did the court order child support if paternity has not been established. How has he has custody of the child without, custody?

 

[stealth2]

Okay, let's try this s-l-o-w-l-y. Your fiance has been paying support (kind of) for the past 8 years. Over that time, he has had custody of the child for some amount of time.

Now.... how did it come about that he had a court order for support, and had the child living with him? What sorts of court papers does he have?

Let's start with that, shall we?

 

[furiousfiance12]

Okay, let's try this s-l-o-w-l-y. Your fiance has been paying support (kind of) for the past 8 years. Over that time, he has had custody of the child for some amount of time.

Now.... how did it come about that he had a court order for support, and had the child living with him? What sorts of court papers does he have?

Let's start with that, shall we?

he was not paying support to her because the courts could not find her to fight for custudy so there was no support order the kid went to live with her this summer and since then she has filed for child support but says that the kid is not my fiance's so we are curious what to do. she has signed a paper consenting to a dna test but now she will not go through with it. we have tried to contact her and cannot.

 

[stealth2]

Then please explain this:

right now he owes the courts $4500 in back child support and $9000 in arrears and has no custody

'Cause if he owes back support to the court, there was an order somewhere. This is why it would really help if he came and answered the questions about his situation himself.

 

[furiousfiance12]

Then please explain this:



'Cause if he owes back support to the court, there was an order somewhere. This is why it would really help if he came and answered the questions about his situation himself.

the arears are support he owed while they lived together and hospital bills from when the kid was born and the 4500 is what he owes since june of 2004

 

[stealth2]

the arears are support he owed while they lived together and hospital bills from when the kid was born and the 4500 is what he owes since june of 2004

Which means that there is a court order somewhere. Because they don't just arbitrarily pull numbers out of their a$$es down at the courthouse and tell people to pay that much. If you don't know the answer, just say so.

 

[furiousfiance12]

Which means that there is a court order somewhere. Because they don't just arbitrarily pull numbers out of their a$$es down at the courthouse and tell people to pay that much. If you don't know the answer, just say so.

he did not pay support while we had the kid. court ordered he pay 4500 since june of last year but what i want to know is how to get the courts to give him a paternity test to prove the kid is not his. is there some way we can petition the courts for a dna test without a lawyer??

 

[stealth2]

Yes, HE can petition the court w/o a lawyer. But if he has already been ordered to pay support, he is likely already considered to be the child's father, legally.

Again - he would not have been ordered to pay support without a court order!

 

[Ambr]

Man this is all jumbled up.....

Start from the beginning.

Where mom and dad married when child was born?
Was a DNA test performed or did dad sign BC / acknowledge paternity?

Was mom on state assistance when child was born?
Did State contact Dad for DNA testing at any time?

Was child support ordered right after child born? (Through CSE)

When the child lived with dad, he did get CS stopped during this time frame?

 

[furiousfiance12]

Yes, HE can petition the court w/o a lawyer. But if he has already been ordered to pay support, he is likely already considered to be the child's father, legally.

Again - he would not have been ordered to pay support without a court order!

so how would he petition the courts?? and if it comes back it is not his kid will they stop support??