Bigamy???

[cyrick21]

What is the name of your state? Tx

Well to start off, my ex and I were dating for about 4 years and in that time we signed papers and had it notarized to say that we were common law married so that I could put her on my insurance at work. Anyway about 2 years ago we split up and she has my son. I pay her every other week on an agreed amount between us two. I just went to her and told her that I wanted to start going through the Attorney General to make all my payments legal.

Well I was talking to my dad today and he we were talking about my plans and what I was going to do. Then he brought up that she has married again and that going to the courts might cause problems for her due to being married to me and her current husband at the same time.

My question is, exactly what could happen? I haven't done anything wrong, have I? I am just trying to prepare for everything in the next coming weeks when I go down to the office and file for child support on my self and go through all the processes.

[Bali Hai]

Originally Posted by cyrick21

What is the name of your state? Tx

Well to start off, my ex and I were dating for about 4 years and in that time we signed papers and had it notarized to say that we were common law married so that I could put her on my insurance at work. Anyway about 2 years ago we split up and she has my son. I pay her every other week on an agreed amount between us two. I just went to her and told her that I wanted to start going through the Attorney General to make all my payments legal.

Well I was talking to my dad today and he we were talking about my plans and what I was going to do. Then he brought up that she has married again and that going to the courts might cause problems for her due to being married to me and her current husband at the same time.

My question is, exactly what could happen? I haven't done anything wrong, have I? I am just trying to prepare for everything in the next coming weeks when I go down to the office and file for child support on my self and go through all the processes.

You are stupid to pay her anything without a court oder.

Edit: I meant order. Really I did.

[Blue Meanie]

Originally Posted by cyrick21

What is the name of your state? Tx

Well to start off, my ex and I were dating for about 4 years and in that time we signed papers and had it notarized to say that we were common law married so that I could put her on my insurance at work. Anyway about 2 years ago we split up and she has my son. I pay her every other week on an agreed amount between us two. I just went to her and told her that I wanted to start going through the Attorney General to make all my payments legal.

Well I was talking to my dad today and he we were talking about my plans and what I was going to do. Then he brought up that she has married again and that going to the courts might cause problems for her due to being married to me and her current husband at the same time.

My question is, exactly what could happen? I haven't done anything wrong, have I? I am just trying to prepare for everything in the next coming weeks when I go down to the office and file for child support on my self and go through all the processes.

No, you did nothing wrong. GO and file for child support and visitation...she dug her own grave.

[cyrick21]

Originally Posted by Bali Hai

You are stupid to pay her anything without a court oder.

Edit: I meant order. Really I did.

No I am not stupid. I dont need a court telling me that I need to provide for my child. Yeah I know I dont have any documentation of it and everything is considered gifts, but the money I give her goes in the same pocket as what feeds him.

I need to provide some kind of support. Either court ordered or not. I am starting to get records of it through the court soon anyway.

What can happen to her when I file? Also does it look better that I am filing on myself rather than her filing on me. Because later on down the line I want to fight for custody. I am not in the right place financially to win that battle, but I do know that he would be better off with me than with her. Today is his birthday and I just went to go visit him, and she has his bed in the living room because they gave his room to her husbands cousin. So he could have some privacy and a room of his own. (that makes me mad, She kicked her own son out of his room so that someone else could have a room and makes my son sleep in the living room.) He is only 5.

[ceara19]

Originally Posted by cyrick21

No I am not stupid. I dont need a court telling me that I need to provide for my child. Yeah I know I dont have any documentation of it and everything is considered gifts, but the money I give her goes in the same pocket as what feeds him.

I need to provide some kind of support. Either court ordered or not. I am starting to get records of it through the court soon anyway.

What can happen to her when I file? Also does it look better that I am filing on myself rather than her filing on me. Because later on down the line I want to fight for custody. I am not in the right place financially to win that battle, but I do know that he would be better off with me than with her. Today is his birthday and I just went to go visit him, and she has his bed in the living room because they gave his room to her husbands cousin. So he could have some privacy and a room of his own. (that makes me mad, She kicked her own son out of his room so that someone else could have a room and makes my son sleep in the living room.) He is only 5.

It doesn't matter one way or the other WHO files. The problem is, you are going to end up paying her the same money TWICE if you continue to pay without a court order while the case is pending. Since you are going through the OAG;s office, he payments will be retroactive to the date of filing. Once you contact the OAG and start the process, start putting aside 15% of your income. DO NOT PAY HER DIRECTLY, unless you are in the financial position to pay that money all over again once the court order is signed. It's unlikely that support will go back farther then that because the fact that YOU are filing shows that you are not trying to actively avoid establishing a child support order, however, it is POSSIBLE that support could be made retroactive for up to 5 years.

Finances have NOTHING at all to do with custody. The OAG's office cannot LEGALLY establish any type of custody or visitation. Once a custody/visitation order is in place, you will have a very hard time having it changed. All of the things that are going on NOW won't mean anything down the road. Also, without a court order, she's under no obligation to allow contact of ANY kind between you and the child and once the support order is in place, you are required to continue paying regardless of whether or not she allows you to have a relationship with your son.

[BelizeBreeze]

I wonder why you haven't asked the Most important question?

[Blue Meanie]

Originally Posted by BelizeBreeze

I wonder why you haven't asked the Most important question?

Yeah...I wonder if he ever will....

[fairisfair]

Sec. 160.204. Presumption of Paternity.
(a) A man is presumed to be the father of a child if:
(1) he is married to the mother of the child and the child is born during the marriage;
(2) he is married to the mother of the child and the child is born before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
(3) he married the mother of the child before the birth of the child in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
(4) he married the mother of the child after the birth of the child in apparent compliance with law, regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child, and:
(A) the assertion is in a record filed with the bureau of vital statistics;
(B) he is voluntarily named as the child's father on the child's birth certificate; or
(C) he promised in a record to support the child as his own; or
(5) during the first two years of the child's life, he continuously resided in the household in which the child resided and he represented to others that the child was his own.
(b) A presumption of paternity established under this section may be rebutted only by:
(1) an adjudication under Subchapter G; or
(2) the filing of a valid denial of paternity by a presumed father in conjunction with the filing by another person of a valid acknowledgment of paternity as provided by Section 160.305.

[BelizeBreeze]

except that a presumption of paternity can be challenged very easily.

[fairisfair]

Originally Posted by AHA

Since when has all that stopped some wives/gfs from stepping out?

hasn't that I know of, but all I did is post the law, you want to argue with THAT???

[fairisfair]

Originally Posted by AHA

No, no argument from me, I'm just amazed that OP is not only giving away money without getting it court ordered, but have done nothing to protect himself, all it takes is a little test.

I agree with you 100% on the child support issue. But apparently this couple lived in a "marriage", not all husbands DNA test their children, not that it would be a bad idea .

[Blue Meanie]

Originally Posted by fairisfair

I agree with you 100% on the child support issue. But apparently this couple lived in a "marriage", not all husbands DNA test their children, not that it would be a bad idea .

Perhaps not..But how long would the marrage last after Dad makes that request??

[gawm]

Mommy's baby!
Daddy's maybe?

[fairisfair]

Originally Posted by baystategirl

[/u][/b]


Perhaps not..But how long would the marrage last after Dad makes that request??

In my state? 60-90 days

[gawm]

Thing is, if daddy's name is on birth certificate, which it probably is since the kid is 5, he is screwed for the next 13 years, whether the kid is his or not.
DNA testing should be mandatory before a fathers name can go on a birth certificate.