Parental/child Support

[monsherri]

What is the name of your state? TEXAS
IVE BEEN MARRIED FOR 12 YRS HAD TWO KIDS(HUSBAND IS NOT THE FATHER) WAS GOING TO DIVORCE 7 YRS AGO HUSBAND WANTED DNA TEST THE DECIDED AGAINST IT. HE KNOWS HE IS NOT THE FATHER. 7YRS LATER IM GOING THROUGH WITH DIVORCE, HE ASKED FOR A DNA TEST BECAUSE HE DOESNT WANT TO PAY CHILD SUPPORT, HE HAS BEEN TAKING CARE OF THE KIDS FOR 9 AND 7 YRS. WHAT RIGHTS DO THEY HAVE

[nextwife]

So you are stating you created not one, but TWO kids, while married, with someone not your husband? And you don't think the guy or guys you cheated with should ever have any financial responsibility to support the kids you two (or three) created together?

[I AM ALWAYS LIABLE]

Originally Posted by nextwife

So you are stating you created not one, but TWO kids, while married, with someone not your husband? And you don't think the guy or guys you cheated with should ever have any financial responsibility to support the kids you two (or three) created together?

My response:

The woman is an uneducated "skank." You should read her other stupid posts.

IAAL

[monsherri]

No My Husband Always Knew They Were Not His, We Stayed Married After Finding This Out 7 Yrs Ago. I Wanted Out Of The Marriage Its Like A Double Itch Soar He Took Over The Responsibility Of These Kids He Have Known For Years 9 To Be Exact That They Were Not His. If I Stay Married To Him He Will Take Care Of Them If I Dont He Dont Want Financial Responsibilty Of Them. Im So Confused What Does The Law Say.

[I AM ALWAYS LIABLE]

Originally Posted by monsherri

Its Like A Double Itch Soar

My response:

Your writing is giving me a "Double Itch Soar" - - whatever the hell that is!

It must have something to do with itching while flying.

Do you live in one of them thar trailers?

IAAL

[withonel]

Double Edged Sword

But double itch soar is much funnier.

[zippysgoddess]

First of all, yes, he does have the right to make your prove paternity and be removed from support obligations if he is not the father. (Or maybe we should just use sire here, since it seems more appropriate?)

Second, you will not get anywhere in this life if you do not stop your philandering ways and get an edumacation!

Dang, my double itch soar is acting up again!

[ablessin]

your kids rights? Is that what you're asking?

You need not use all caps.
Their rights are to be raised in a loving and stable home with a parent who is capable of setting a good example.

You running around getting knocked up by various men is not a good example and I am surprised that your current spouse put up with it, not once, but twice!
Do you know who the father is of the kids? You're obviously not going to be able to establish paternity from your husband- - - and he owes you and those two kids nothing. Not a dime - they are not his (legal) responsibility to provide for.

[IrishLady47]

Moral issues aside, if you were married when you had these children, your husband is presumed to be the legal father, with the rights and obligations that entails. Under Texas Family Code 160.607, he had until the child's fourth birthday to contest paternity. He is free to take a DNA test if he so wishes. Maybe he just wants to know one way or the other. However, I doubt a court will release him now from the legal obligations as their father. But, he can certainly try. And, judges don't always follow the code of laws strictly in their decrees.

Not sure about Texas, but some states allow misconduct of a spouse as a mitigating factor in settlements. If he's not the father, he's certainly has concrete proof you committed adultery at least twice during the marriage.

[ablessin]

Now wait a minute, maybe I am confused here, but just because he cared for the kids does not legally make them his.

You're saying then, then if my fience and I are together for 4 years and I cook and do laundry for his kids, then after 4 years, they become my kids?
I don't think so - they have a mother and she is the one legally liable for their actions - should they get in trouble - - I am just there but legally I have no ties to them.

Would stand to reason would be the same way for this guy - - he could have up and left, but he stuck around and yeah, cared for the kids. Emotionally yeah, physically, no.....financially probably yeah - - if the family earnings are pooled.

[IrishLady47]

Yes, you are confused or cannot read. The couple has been married 12 years, the children are 7 and 9. He is the presumed legal father because he was MARRIED to the mother when the children were born. A husband is always presumed to be the father of children born within a marriage. Laws in each state differ on how/when paternity can be contested and/or denied. According to Texas statutes, he had until each child turned four to contest/deny paternity. Apparently, he did not do so.

You could care for your fiance's children for the rest of their lives, it will not make you their legal mother. Even if you marry him, you will not be their legal mother, you will be their stepmother. You would have to adopt the children to become their legal mother.

[ablessin]

One should not pass judgements on whether or not someone else can read or not.

Just because they were married when the kid was born DOES not mean he is the father and must assume the role of fatherhood.

the OP sounded like she wants child support from this man who she cheated on - child support should be coming from the biological father... the SPERM DONOR as some would call the "other man"
He, too should have to adopt the kids in order to be legal father to them.

What does the birth certificate say?

[IrishLady47]

I said you were confused OR cannot read. I did not presume either one or the other.

Since you can read, read this excerpt from Texas Family Code of Laws - § 160.204. PRESUMPTION OF PATERNITY[0]. (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;
§ 160.607. TIME LIMITATION: CHILD HAVING PRESUMED
FATHER. (a) Except as otherwise provided by Subsection (b), a
proceeding brought by a presumed father, the mother, or another
individual to adjudicate the parentage of a child having a presumed
father shall be commenced not later than the fourth anniversary of
the date of the birth of the child.

Now let's see if you can process the information that you have read. Who is the LEGAL father of these children? Not who is the biological father, not who should morally be responsible for them, who is the LEGAL father?

After all this website is supposed to be about giving LEGAL advice.