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  1. #1
    Glennsbear is offline Junior Member
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    Signed Birth Certificate, Pay Child Support?

    What is the name of your state? FL

    My ex is playing games with me about weather or not I'm the father of our son. I signed the birth certificate (at the time she told me I was the father) and have been ordered to pay child support. A friend told me since I signed the birth certificate, a judge won't let us do a paternity test. Is this right? If not, do I need a lawyer to ask for the test? Will I have to pay for the test? If it shows I'm not the father, will I still have to pay because I signed? thanks.
  2. #2
    Ohiogal is offline Senior Member
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    If you have been ordered to pay child support then you have been adjudicated the father. You are going to have problems getting a paternity test now. the court would have to order a paternity test for it to be valid proof of whether or not you are the father. Did you tell CSEA you were the father? Apparently you admitted it which in many states is just as good as a paternity test. Which means you are the child's dad. The time for a test was before you decided to claim the child as yours and name yourself the father. Also in most states an AOP proclaiming yourself the daddy needs to be signed before the name goes on the birth certificate. Was one of those signed in the hospital?
  3. #3
    rmet4nzkx is offline Senior Member
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    Most states have a means by which to contest paternity, even if you signed an AOP, however, to even begin that process you would be wise in spending the money on a private paternity test to find out if it is worth the time and effort to contest if you find out you are the father? These private tests do not necessiarly standup in court, but would at least give you reason to save you a lot of money if you are the father.
  4. #4
    Ohiogal is offline Senior Member
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    Quote Originally Posted by rmet4nzkx
    Most states have a means by which to contest paternity, even if you signed an AOP, however, to even begin that process you would be wise in spending the money on a private paternity test to find out if it is worth the time and effort to contest if you find out you are the father? These private tests do not necessiarly standup in court, but would at least give you reason to save you a lot of money if you are the father.
    Here is the thing though -- did he admit it in court that he was the father. That is even harder to discount (as well as it could be considered perjury). I ask because he has a child support order. If he had doubts then was the time to raise them.
  5. #5
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by Ohiogal
    Here is the thing though -- did he admit it in court that he was the father. That is even harder to discount (as well as it could be considered perjury). I ask because he has a child support order. If he had doubts then was the time to raise them.
    OP gives us few facts and what facts he has are provided by others, so we don't know if and or when an AOP was signed, which would make a difference [url]http://myflorida.com/dor/childsupport/affidavit.html[/url] so itme is of the essence but not lost if he is not the father and was mislead by mom as to paternity.

    Establishing Paternity by Affidavit

    Establishing Paternity by Signing a Consenting Affidavit Acknowledging Paternity

    We encourage all fathers and mothers who are not married to each other to file an affidavit acknowledging paternity.

    Florida has an in-hospital paternity process that allows parents to establish paternity at birth. Federal and state laws require staff in all birthing facilities to assist with the completion and filing of affidavits. Parents do not have to pay a fee when both parents sign the form at the hospital or birthing center.

    Some parents may wish to take the information home and sign the acknowledgment at a later date. If you choose to sign the affidavit after leaving the hospital, you may have to pay a small fee for the Office of Vital Statistics to process the form.
    Rights, Responsibilities and Duties

    When the mother signs the affidavit she is swearing that she was unwed at the time of the birth and that the named man is the biological father of the child.

    When the father signs the affidavit, he agrees that he is the biological father of the child and that he will be responsible for the child's financial and medical support until adulthood.

    Parents should NOT sign the affidavit if the identify of the father is uncertain.

    After signing, either parent has the right to cancel the effect of the affidavit in writing within 60 days unless there has been a court hearing regarding that parent and the child. Once the 60 day period expires, paternity can be changed only by providing evidence in court that one of the signatures on the affidavit was obtained through fraud, under duress, or that there was a material mistake in fact.
    Is it worth our trouble here to go into all possible options when we have no facts or OP doesn't know if he is the bio dad or not?
  6. #6
    Ohiogal is offline Senior Member
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    Quote Originally Posted by rmet4nzkx
    OP gives us few facts and what facts he has are provided by others, so we don't know if and or when an AOP was signed, which would make a difference [url]http://myflorida.com/dor/childsupport/affidavit.html[/url] so itme is of the essence but not lost if he is not the father and was mislead by mom as to paternity.

    Is it worth our trouble here to go into all possible options when we have no facts or OP doesn't know if he is the bio dad or not?
    Quite frankly, no.
  7. #7
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by Ohiogal
    Quite frankly, no.
    I get tired of answering the same question being careful to address the facts over and over again, let alone when they can't even stick around long enough to get an answer ot more questions. You never know how these things will run when they are playing so many games and too cheap to use condoms.
  8. #8
    nextwife is offline Senior Member
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    Why is it so many men DON"T seem to know that signing an a birth certificate or acknowlegdement of paternity is done to make THEM the legal father, and that after that, a DNA test may not matter? I mean, isn't there disclaimer language that alerts them that they should NOT sign if they intend to question paternity?

    What do men THINK they are acknowledging when they SIGN a birth certificate of AOP?
  9. #9
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by nextwife
    Why is it so many men DON"T seem to know that signing an a birth certificate or acknowlegdement of paternity is done to make THEM the legal father, and that after that, a DNA test may not matter? I mean, isn't there disclaimer language that alerts them that they should NOT sign if they intend to question paternity?

    What do men THINK they are acknowledging when they SIGN a birth certificate of AOP?
    They are encouraged to sign them in the hospital, when everyone is trying to bask in the afterglow, lol! They may be told that it is a formality and that as long as they are "together", there is no legal consequence for child support, then reality sets in and they break up and mom files for child support, or they believe there is no child support because mom is on welfare, even the disclaimers are often ignored and who knows how many really read the AOPs?
  10. #10
    nextwife is offline Senior Member
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    You know, if a loan officer, or realtor or banker pushes someone to sign something without first explaining the possible consequences of signing, they can lose their license, lose lawsuits against them, potentially have transactions overturned. One would think that for something that has such HUGE potential consequenses, there should be at least as much accountablity to those professionsals who "present" the forms for signature. I know that when I do a closing, I must go over all the numbers and explain everything, it just blows me away that a person can have some young person sign something of such MAJOR consequence, and have no liability if they are assisting someone in defrauding the other.
  11. #11
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by nextwife
    You know, if a loan officer, or realtor or banker pushes someone to sign something without first explaining the possible consequences of signing, they can lose their license, lose lawsuits against them, potentially have transactions overturned. One would think that for something that has such HUGE potential consequenses, there should be at least as much accountablity to those professionsals who "present" the forms for signature. I know that when I do a closing, I must go over all the numbers and explain everything, it just blows me away that a person can have some young person sign something of such MAJOR consequence, and have no liability if they are assisting someone in defrauding the other.
    That is why there is usually some sort of a opportunity to recind the AOP although not all are informed of it or just enough time passes without any action them boom. Look how many women are on Maury and the man is not the father? studies have shown that if DNA tests were done in all births, that the presumed biodad would be disproved in a significant number of cases.
  12. #12
    BrokeNWorkin is offline Junior Member
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    Im glad I didnt sign anything when my first son was born. His mother and I werent exactly together at the time and I wanted to be sure he was mine and not just take her word for it. She had already lied to me about several other things, so I figured it was in my own best interest to pay for a paternity test and I made sure it was one that would be recognized by the courts, just in case he wasnt mine.

    Im glad Im married and those days of stupidity are over. I did my share of stupid things and Ive definitely grown up in leaps and bounds since then. Hell, 3 weeks ago, I just had a vasectomy.

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