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INDIANA LAW? HELP!!!!

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aw1976a

Guest
My husband is paying child support for 2 kids from a previous marriage.A year ago the ex-wife went to court to get the child support raised and lost .She was ordered to pay our lawyer fees among other things .Now we are getting a bill from our attorney saying that WE have to pay the fees because the ex-wife can not pay it!Is there anything we can do ,is that legal and do we have a leg to stand on in court??Also, we are planning to get a home DNA test to see if one of the children is really my husbands ,since they have joint custody is it alright for us to do this test?? We asked the ex for a DNA test before and she agreed at first ,then she changed her mind after consulting with her lawyer!
 


LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by aw1976a:
My husband is paying child support for 2 kids from a previous marriage.A year ago the ex-wife went to court to get the child support raised and lost .She was ordered to pay our lawyer fees among other things .Now we are getting a bill from our attorney saying that WE have to pay the fees because the ex-wife can not pay it!Is there anything we can do ,is that legal and do we have a leg to stand on in court??Also, we are planning to get a home DNA test to see if one of the children is really my husbands ,since they have joint custody is it alright for us to do this test?? We asked the ex for a DNA test before and she agreed at first ,then she changed her mind after consulting with her lawyer!<HR></BLOCKQUOTE>


Pay the attorney and the if you want, take her to small claims court.

How old are the children ? and were they married when the child was born ?
 
A

aw1976a

Guest
The children are 11 and 8. They was married at the time but lived in different countrys .My husband was in germany and she was in the us.
 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by aw1976a:
The children are 11 and 8. They was married at the time but lived in different countrys .My husband was in germany and she was in the us.<HR></BLOCKQUOTE>

Then a DNA test will do nothing for the legal side of things and CS payments. The father had two years after the birth to contest the paternity. Even if you were to prove otherwise, would not change the CS payments or the legally registered father.
 
A

aw1976a

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
Then a DNA test will do nothing for the legal side of things and CS payments. The father had two years after the birth to contest the paternity. Even if you were to prove otherwise, would not change the CS payments or the legally registered father.<HR></BLOCKQUOTE>

We don't want to take the matter ( wether she is his daughter or not ) to court. He just wants to know for himself .So again , is it legal for us to do a home DNA test?
 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by aw1976a:
We don't want to take the matter ( wether she is his daughter or not ) to court. He just wants to know for himself .So again , is it legal for us to do a home DNA test?<HR></BLOCKQUOTE>

I am afriad I can not help you.. since I do not know what a home DNA test involves and how accurate it is.. then I have no idea...

However, I also totally disagree with what you are doing.. If he finds out the child is not his, he will treat that child differently and this will have serious effects on the child..

Argue all you want that it will make no difference.. but it will.
 
L

LadyBlu

Guest
I am curious as to how you would go about doing a Home DNA test to begin with. In order to get an ACCURATE DNA test... three people would need to submit saliva or blood the father, mother and child... so even if you did this on just the father and the daughter it isnt worth a crap and you have a inaccurate test.
 
A

aw1976a

Guest
Ok,first of all ...even if just the father and the child take the test ,it is still accurate .It does not matter if the mother is taking the test , the DNA of the father HAS to be in the childs blood .If it is not ...go figure! Second of all , you are right maybe it does make a difference ,but doesn't the child have a right to know who the real father is? What happens if a medical emergency happens? I'm a nurse and I know how hard it is to find the REAL father for a transfusion or transplant if it is needed .You might not have the time to search all over the united states for the bio dad!And let's not forget that, if the man is not the bio father , he is taking care of another mans responsibility.
 
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LadyBlu

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by aw1976a:
And let's not forget that, if the man is not the bio father , he is taking care of another mans responsibility. <HR></BLOCKQUOTE>

Unfortunately for you, no matter what the test results show... you are still having to pay for the child because the father did not exercise his rights to contest paternity within the time frame allowed. So by confirming if the child is not his, you will have a different outlook on the whole situation, there will be bitterness and rsentment and the child is the one that suffers.

So how is what you are contemplating doing right?

 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by aw1976a:
And let's not forget that, if the man is not the bio father , he is taking care of another mans responsibility. <HR></BLOCKQUOTE>

and that is the real issue here isn't it ? my point was, is that there is no legal recourse and the other man is 'free and clear'. There is nothing that you can do about that. The other man does not have ANY responsibility.

The only thing effected by this is the mans attitude and his approach to his child will change and the child will be screwed up because of it.

The medical issue is only relevant if you have any chance of finding out who the real father would be.. you think bio mom is going to tell you ?
 
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whatthehell

Guest
I gotta question for you Legal Begal, when you say that the father has 2 years to contest paternity, is that only if the couple is married? The reason I ask is because my daughter's father and I were never married, and after 5 years he wanted a paternity test done before he would pay child support. (We live in Colorado).

In five years he never questioned if our daughter was his and the minute I ask him to pay child support he starts having doubts. Needless to say I went ahead and did the stupid paternity test, the kid is his, and he came up with something else to delay paying! UGHHHHH I swear!

:) thanks for any info on this!

 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by whatthehell:

I gotta question for you Legal Begal, when you say that the father has 2 years to contest paternity, is that only if the couple is married? The reason I ask is because my daughter's father and I were never married, and after 5 years he wanted a paternity test done before he would pay child support. (We live in Colorado).

In five years he never questioned if our daughter was his and the minute I ask him to pay child support he starts having doubts. Needless to say I went ahead and did the stupid paternity test, the kid is his, and he came up with something else to delay paying! UGHHHHH I swear!

:) thanks for any info on this!

<HR></BLOCKQUOTE>


Yes, there is a big difference between having a baby whilst married and not married. If you are married then paternity is 'assumed' to be the husband. That person has two years to contest it..

In your case, the father was correct providing he never signed anything when the child was born, ie 'sworn acknowledgment of paternity' .. but, whilst he may delay things, the award for CS should be back dated from either the date of filing, or the date the results were known.


[This message has been edited by LegalBeagle (edited November 07, 2000).]
 
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whatthehell

Guest
Interesting stuff, I love this board, I learn some valuable information each and every time!

Ok, 1.If he signed the birth certificate is that not paternity acknowledgment ?
2. Do I have to request to have back support awarded from the time paternity was confirmed? Will the judge see that already?
Thanks Lb!


[This message has been edited by whatthehell (edited November 07, 2000).]

[This message has been edited by whatthehell (edited November 07, 2000).]
 

LegalBeagle

Senior Member
If the judge does not see it, ask for it. If you want further details, post to a new thread so we can expand on your case etc..
 

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