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  1. #1
    nick b is offline Junior Member
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    Retroactive child support

    What is the name of your state? Texas

    Here`s the situation. A woman I was with a few years ago has all of a sudden contacted me for the first time in three years, and says she has a son and he might be mine. I had no idea she was ever pregnant. Around the same time, she was with another man whom which she married before the baby was born. He has signed all the paper`s stating that he is the father and raising him. My question is, when I get a DNA test and it turns out I`m the father, what actions can she take and what type of child support will I have to pay? ie: retroactive? I know this sounds like a Jerry Springer episode, but I need to know what she can legally do, since she neglected to tell anyone of this possibility and someone else has been claiming this child as his own.

    This is a confusing situation so here`s a little more info: -When I said he signed papers, I simply meant the child`s birth certificate (as far as I know at this point).
    - They got married when she was approx. 5 months pregnant
    - The child was born march of 04
    - They are still married
    - They have custody of the child
    - Neither me or the other man had any idea that the childs father was in question.

    - My main question is if she can actually make me pay retroactive back pay for the years I never even knew he could be mine and someone else was raising him.
    Last edited by nick b; 01-15-2007 at 05:56 AM.
  2. #2
    Ohiogal is offline Senior Member
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    She can and will get current child support AND she may also be awarded child support back to the birth of the child.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine 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.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    ceara19 is offline Senior Member
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    What do you mean he signed the papers?
    EXACTLY what papers did he sign?
    When did they get married?
    When was the child born?
    Are they still married?
    If not, when did they divorce?
    Who has custody of the child?
    Is either parent paying child support for the child?
    Did he know from the beginning that the child might not be his?
  4. #4
    Gracie3787 is offline Senior Member
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    In addition to ceara's questions:
    Has she actually filed anything with the court?
    Has she contacted any CSE agency, and have they contacted you?

    DO NOT, under any circumstances, take her word for anything or even agree to a DNA test unless it is court ordered.
    for now, just tell her to file with a court if she wants to establish paternity.
  5. #5
    ceara19 is offline Senior Member
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    Quote Originally Posted by nick b View Post
    What is the name of your state? Texas

    Here`s the situation. A woman I was with a few years ago has all of a sudden contacted me for the first time in three years, and says she has a son and he might be mine. I had no idea she was ever pregnant. Around the same time, she was with another man whom which she married before the baby was born. He has signed all the paper`s stating that he is the father and raising him. My question is, when I get a DNA test and it turns out I`m the father, what actions can she take and what type of child support will I have to pay? ie: retroactive? I know this sounds like a Jerry Springer episode, but I need to know what she can legally do, since she neglected to tell anyone of this possibility and someone else has been claiming this child as his own.

    This is a confusing situation so here`s a little more info: -When I said he signed papers, I simply meant the child`s birth certificate (as far as I know at this point).
    - They got married when she was approx. 5 months pregnant
    - The child was born march of 04
    - They are still married
    - They have custody of the child
    - Neither me or the other man had any idea that the childs father was in question.

    - My main question is if she can actually make me pay retroactive back pay for the years I never even knew he could be mine and someone else was raising him.
    In the future, please answer any questions in a new post (not thread) instead of editing your original post. I almost missed the fact that you answered my questions.

    Anyway, her husband is the child's legal father. He MAY have signed the birth certificate application when the child was born. That is unimportant because he would have been named the child's legal father due to the fact that he was married to mom at the time of the child's birth whether he signed anything or not.

    At this point, what happens next is completely up to YOU. The time has passed for the legal father to disestablish paternity. YOU would have to petition the court to change legal paternity. IF you choose to do this, there is a very good chance that NOTHING will change, even if DNA proves that you are the biological father, especially if the LEGAL father contests.

    IF you do manage to get the court to change paternity, it is VERY unlikely that you will be ordered to pay ANY retroactive support. A Judge CAN go back 5 years, but under these circumstances, it is doubtful that retroactive support would be ordered.
  6. #6
    BelizeBreeze is offline Senior Member
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    Time Limitation: Child Having Acknowledged or Adjudicated Father [Texas Family Code 160.609]

    (a) If a child has an acknowledged father, a signatory to the acknowledgment or denial of paternity may commence a proceeding seeking to rescind the acknowledgment or denial or to challenge the paternity of the child only within the time allowed under Section 160.307 or 160.308.

    (b) If a child has an acknowledged father or an adjudicated father, an individual, other than the child, who is not a signatory to the acknowledgment or a party to the adjudication and who seeks an adjudication of paternity of the child must commence a proceeding not later than the fourth anniversary of the effective date of the acknowledgment or adjudication.
  7. #7
    nick b is offline Junior Member
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    thanks

    Thanks to everyone who has given me advice so far, it has given me an idea of what to expect. It will probably be a while before any of this plays out, so if anyone comes across any more details of this situation, please let me know. Thanks again

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