What should I do?

[keonanl2]

State is Missouri.
About 5 years ago a child support order was put in against my kids father by the State because i was recieving State medicaid for my then 5 year old son. The fathers name was NOT on the birth cerificate and he denied paternity so we had to take a paternity test. a few months later I recieved the test results and it said he was EXcluded as being the father, when I looked at the picture on the paperwork it WAS NOT him, he sent someone else to take the test for him. I talked to someone at DFS and the lady acted like she didnt believe me and she couldnt really help me. So i blew it off because we got back together and were together on and off during that time so i really didnt think anything of it because he was taking care of our son. Now 6 years later we are NOT together & will never get back together & we have 2 kids 6 & 11. He is not giving me any money or taking care of my children he does what he wants to do when he wants. So my question is what do i do to make him pay child support for BOTH of my kids even though on paper he was excluded for the first born. I know for a FACT he sent someone to take that test i do not have any proof of this (somehow this paperwork disappeared and i cant find it) he is the father and he DID NOT TAKE THAT DNA TEST someone else did. What do I do?? Thanks for taking the time to read this.

 

[Antigone*]

State is Missouri.
About 5 years ago a child support order was put in against my kids father by the State because i was recieving State medicaid for my then 5 year old son. The fathers name was NOT on the birth cerificate and he denied paternity so we had to take a paternity test. a few months later I recieved the test results and it said he was EXcluded as being the father, when I looked at the picture on the paperwork it WAS NOT him, he sent someone else to take the test for him. I talked to someone at DFS and the lady acted like she didnt believe me and she couldnt really help me. So i blew it off because we got back together and were together on and off during that time so i really didnt think anything of it because he was taking care of our son. Now 6 years later we are NOT together & will never get back together & we have 2 kids 6 & 11. He is not giving me any money or taking care of my children he does what he wants to do when he wants. So my question is what do i do to make him pay child support for BOTH of my kids even though on paper he was excluded for the first born. I know for a FACT he sent someone to take that test i do not have any proof of this (somehow this paperwork disappeared and i cant find it) he is the father and he DID NOT TAKE THAT DNA TEST someone else did. What do I do?? Thanks for taking the time to read this.

Was this a court-ordered paternity test? Did he acknowledge paternity for the other child?

 

[keonanl2]

Thanks for responding. Yes this was a court ordered paternity test (I believe it is mandatory when a child is getting state care) I was receiving medicaid for one child my first born. So the order was only for this child.

He has acknowledged paternity to ME (if that counts) he gets them every other weekend but he refuses to sign the birth certificates....Hopefully i answered your question accurately.

 

[Antigone*]

Thanks for responding. Yes this was a court ordered paternity test (I believe it is mandatory when a child is getting state care) I was receiving medicaid for one child my first born. So the order was only for this child.

He has acknowledged paternity to ME (if that counts) he gets them every other weekend but he refuses to sign the birth certificates....Hopefully i answered your question accurately.

So, legally he is not the father of the first child because you were complicit in the fraud he perpetrated. Good luck getting that overturned now. You will need an attorney.

 

[mistoffolees]

So, legally he is not the father of the first child because you were complicit in the fraud he perpetrated. Good luck getting that overturned now. You will need an attorney.

That's the way it sounds, but OP said "I talked to someone at DFS and the lady acted like she didnt believe me and she couldnt really help me." so she apparently DID make an effort to report the fraud.

 

[keonanl2]

So should I...

1. Since he is looking at a crime should I Bribe/persuade him to sign one of those amendments?( I beleive thats what its called) to get his name added to the birth certificate. If his name is added to the birth certifcate will I be able to get child support?

OR

2. Hire a Lawyer and see if the lawyer can get another court ordered paternity test to prove that he is the father? Then from there complete the child support case?

Any advice is appreciated.

 

[tuffbrk]

Don't ask about bribery on a legal forum, silly.

Ask a child support representative at your local agency. They may be willing to re-test him.

Most centers do request picture ID to ensure identification provided matches the drivers license so I'm a little confused about how he got away with fraud.

 

[LdiJ]

Don't ask about bribery on a legal forum, silly.

Ask a child support representative at your local agency. They may be willing to re-test him.

Most centers do request picture ID to ensure identification provided matches the drivers license so I'm a little confused about how he got away with fraud.

Sometimes people don't study ID photos as carefully as they should. I have been guilty of that myself from time to time. Also, people often don't look much like their ID photos. I could see it happening.

 

[CJane]

I don't really fully believe the story you've presented, because after having been through the DNA testing process around the same time you're describing, I don't see how he could possibly have sent someone else.

However, now that it's done, you KNOW what happened, and you got BACK TOGETHER with someone who was so interested in not acting like a father, no one is likely to have any sympathy for you.

File for establishment of paternity of the second child and try and get a support order. Probably the only way you'll be able to get paternity established for the first child is if Dad will go into court and admit what he did and request another test himself. At this point, it's unlikely that him signing an affidavit of paternity would be accepted.

 

[keonanl2]

Thanks everyone for replying I really appreciate it. I know I could have done more but I was young (22 yrs old) & unfortunately I didn't. Today I sent the papers for child support for my second son and wrote a letter asking for a retest for my first son (of course I offered to pay) hopefully it will work in my children's favor, if not I may consult an Attorney. Thanks again and God Bless.

 

[CourtClerk]

and you got BACK TOGETHER with someone who was so interested in not acting like a father, no one is likely to have any sympathy for you.

Especially since the kids are 5 years apart.