Paternity and Child Support

[Jeska]

I have been divorced since 92 and have a 9 yr old, my ex lives in another state and may have paid 1 yr of child support. When my child was visting his grandparents my ex claims he had a paternity test done and he is not the father. He was asked several times when the child was born and when the divorce was done if this was his child and he agreed that the child is his. Now that I filed for back child support he is doing this, he did sign the birth cert. any advice on what I should do? Please help. thank you.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Jeska:
I have been divorced since 92 and have a 9 yr old, my ex lives in another state and may have paid 1 yr of child support. When my child was visting his grandparents my ex claims he had a paternity test done and he is not the father. He was asked several times when the child was born and when the divorce was done if this was his child and he agreed that the child is his. Now that I filed for back child support he is doing this, he did sign the birth cert. any advice on what I should do? Please help. thank you.<HR></BLOCKQUOTE>

My response:

Let's assume, for the moment, that the DNA tests have come back, demonstrating that he IS NOT the father. Okay, so far so good.

Well, gee, that's just tough for him. It's a little too late to be questioning paternity. Although you never mentioned your State name in your post like you're supposed to do, in most State jurisdictions he had 2 years, after the birth of the child, within which to dispute paternity.

It may be all over for him. He may have no viable, "legal" grounds to dispute paternity . . . not only for the reasons you gave, but because he "sat on his rights" those many years ago when he had a chance, by law, to do so.

GO AFTER HIM !!

IAAL



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[Jeska]

Thanks for your reply, I divorced him in the state of Ga, But I have been living in Fla for 7 yrs if that matters.

 

[usmcfamily]

From someone who has been through the whole "it ain't my kid" soap opera - when the paternity testing for my daughter was done it required samples from my daughter, the bio-father (as he was proven to be) and ME -- so I am curious as to how he was able to have a test done without your sample and from your post it sounds as though you had no idea until after the supposed results were in. Maybe he doesn't realize it, but since the child is a combination of BOTH your genetic materials it would take a comparison to BOTH your DNA strands to determine paternity of the child.
Have you seen the "results" or is it all talk so far? Just curious, mainly, since as IAAL has already pointed out he has already accepted paternity in cour, and signed the birth certificate (which is legally accepted in most courts as an affidavit of paternity as if he had question that was his opportunity to object and demand testing) and therefor is the legally recognized father and once that is done the courts will 99.9% of the time take that -- even over a DNA finding. (something not a lot of people realize).
Personally, it sounds like a lot of smoke being blown in the attempt to avoid a hefty chunk of back support - you don't have anything to worry about!
Good luck and God Bless