Found out 8 year old is not mine

[Proserpina]

Pinkie...you seem to be lacking a bit in reality here.

If his paternity is disestablished so that he no longer has to pay child support, then he will no longer be legally the child's father and therefore will no longer have any rights regarding the child. Therefore his ability to maintain a relationship with the child would be nil. Legal parenthood is comprised of both rights and responsibilities. They cannot be separated.

Sock puppet, L. Ignore it.



(Also has an issue with comprehension, it seems)

 

[Pinkie39]

Whatever. I see that anyone who disagrees on this forum gets a petty and snarky reply.

My brother raised two boys, stepsons, who were not legally his. His ex wife had the first boy before he met her. The second was born during a time when they had briefly broken up - they weren't married yet. Neither of the boys bio fathers were ever around and neither paid child support.

My brother treated both boys like his own children, even after his only bio son was born. When he and his ex wife later divorced (she left him for another man), he only paid child support for his bio son. But he was still an active and loving dad to all three boys.

When his ex got tired of caring for the two younger boys, my brother brought both to live with him and his new wife. His ex wife gave him legal custody of the stepson so my brother could enroll him in school. His stepsons are now in their 20's and still consider my brother their dad. But I guess all that matters is that he didn't pay child support for them.

I'm glad that for all her faults, that at least my ex sister in law didn't stop my brother from having a relationship with his stepsons after their divorce. He might not legally be their father, but he's their dad in every other way that matters. How do we know the op will want nothing to do with his son if or when he is no longer his legal father?

 

[Proserpina]

Whatever. I see that anyone who disagrees on this forum gets a petty and snarky reply.

My brother raised two boys, stepsons, who were not legally his. His ex wife had the first boy before he met her. The second was born during a time when they had briefly broken up - they weren't married yet. Neither of the boys bio fathers were ever around and neither paid child support.

My brother treated both boys like his own children, even after his only bio son was born. When he and his ex wife later divorced (she left him for another man), he only paid child support for his bio son. But he was still an active and loving dad to all three boys.

When his ex got tired of caring for the two younger boys, my brother brought both to live with him and his new wife. His ex wife gave him legal custody of the stepson so my brother could enroll him in school. His stepsons are now in their 20's and still consider my brother their dad. But I guess all that matters is that he didn't pay child support for them.

I'm glad that for all her faults, that at least my ex sister in law didn't stop my brother from having a relationship with his stepsons after their divorce. He might not legally be their father, but he's their dad in every other way that matters.

Irrelevant.

How do we know the op will want nothing to do with his son if or when he is no longer his legal father?

It doesn't matter one iota. If his legal paternity is disestablished, he HAS NO RIGHTS.

It's not that difficult to understand, surely?

 

[ecmst12]

Then he got lucky, because the child's mother had absolutely no obligation to let him keep seeing the children after they were no longer together. And the bio fathers got lucky as well I guess that she never went after them for the child support they should have been paying. There are only 2 possibilities here - either you are a parent, with rights and responsilities, or you are a legal stranger with neither. Can't have it both ways.

 

[AnonUserName]

Whatever. I see that anyone who disagrees on this forum gets a petty and snarky reply.

My brother raised two boys, stepsons, who were not legally his. His ex wife had the first boy before he met her. The second was born during a time when they had briefly broken up - they weren't married yet. Neither of the boys bio fathers were ever around and neither paid child support.

My brother treated both boys like his own children, even after his only bio son was born. When he and his ex wife later divorced (she left him for another man), he only paid child support for his bio son. But he was still an active and loving dad to all three boys.

When his ex got tired of caring for the two younger boys, my brother brought both to live with him and his new wife. His ex wife gave him legal custody of the stepson so my brother could enroll him in school. His stepsons are now in their 20's and still consider my brother their dad. But I guess all that matters is that he didn't pay child support for them.

I'm glad that for all her faults, that at least my ex sister in law didn't stop my brother from having a relationship with his stepsons after their divorce. He might not legally be their father, but he's their dad in every other way that matters. How do we know the op will want nothing to do with his son if or when he is no longer his legal father?

If you have a question, please start your own thread. Continued hijacking will cause you to get banned.

 

[I'mTheFather]

I had the same question. He stated that the 1400.00 represented 50% or more of his take home pay, and that sounds quite out of sync since obviously the child is in school and wouldn't have high daycare costs (or any daycare costs if he is correct that mom is not working).

So, maybe what he needs to be doing is appealing that child support order. I played with the numbers on online calculators for both WI and MN and for his support to be as high as 1400.00 a month he would have to be grossing some serious cash, and therefore it wouldn't work out to be 50% of his take home pay.

OP...let me ask you a question. Are you willing to look into that child's eyes and tell him that you are not going to be his father any more? Can you actually DO that and live with yourself?

It could be. Since WI is a percentage of gross, his taxes, insurance, money put aside for retirement and college, could feasibly lower his 'take home' pay to as little as $2800/month.

I also think there would have been a hearing to modify the order, and I wonder if he attended.

 

[LdiJ]

It could be. Since WI is a percentage of gross, his taxes, insurance, money put aside for retirement and college, could feasibly lower his 'take home' pay to as little as $2800/month.

Possibly, but if that is the case then he needs to adjust some of those voluntary deductions from his pay...but it still seems extreme. When I was running the numbers it took an 8250.00 monthly gross to come up with a 1400.00 child support payment. That would be some hellacious voluntary deductions to bring him to a 2800.00 net. MN's calculation is different, (more complicated) but the numbers were similar.

I also think there would have been a hearing to modify the order, and I wonder if he attended.

I suspect he did not.

 

[CJane]

In answer to your original question, OP, you cannot dispute paternity in any sort of legal action at this time.

Per WI law, which is what I believe rules since all parties live there and that's where the divorce was granted:

767.803  Determination of marital children. If the father and mother of a nonmarital child enter into a lawful marriage or a marriage which appears and they believe is lawful, except where the parental rights of the mother were terminated before either of these circumstances, the child becomes a marital child, is entitled to a change in birth certificate under s. 69.15 (3) (b), and shall enjoy all of the rights and privileges of a marital child as if he or she had been born during the marriage of the parents. This section applies to all cases before, on, or after its effective date, but no estate already vested shall be divested by this section and ss. 765.05 to 765.24 and 852.05. The children of all marriages declared void under the law are nevertheless marital children.
History: 1979 c. 32 ss. 48, 92 (2); Stats. 1979 s. 765.25; 1979 c. 352; Stats. 1979 s. 767.60; 1981 c. 314 s. 146; 1983 a. 447; 1985 a. 315; 2005 a. 443 s. 229; Stats. 2005 s. 767.803.

Because this child became a "marital child" upon your marriage to mother, the following applies:

A paternity action may not be used to challenge paternity previously decided in a divorce action. That paternity was not challenged in the divorce is irrelevant if it could have been litigated. Paternity of Nathan T. 174 Wis. 2d 352, 497 N.W.2d 740 (Ct. App. 1993).

So, the child is yours. You would be better served to figure out how to either modify/dispute the support amount, or figure out how to pay it, rather than trying to figure out how to *******ize the child that you've supposedly cared for as if he were your own for years.

 

[tranquility]

In answer to your original question, OP, you cannot dispute paternity in any sort of legal action at this time.

Per WI law, which is what I believe rules since all parties live there and that's where the divorce was granted:

767.803  Determination of marital children. If the father and mother of a nonmarital child enter into a lawful marriage or a marriage which appears and they believe is lawful, except where the parental rights of the mother were terminated before either of these circumstances, the child becomes a marital child, is entitled to a change in birth certificate under s. 69.15 (3) (b), and shall enjoy all of the rights and privileges of a marital child as if he or she had been born during the marriage of the parents. This section applies to all cases before, on, or after its effective date, but no estate already vested shall be divested by this section and ss. 765.05 to 765.24 and 852.05. The children of all marriages declared void under the law are nevertheless marital children.
History: 1979 c. 32 ss. 48, 92 (2); Stats. 1979 s. 765.25; 1979 c. 352; Stats. 1979 s. 767.60; 1981 c. 314 s. 146; 1983 a. 447; 1985 a. 315; 2005 a. 443 s. 229; Stats. 2005 s. 767.803.

Because this child became a "marital child" upon your marriage to mother, the following applies:

A paternity action may not be used to challenge paternity previously decided in a divorce action. That paternity was not challenged in the divorce is irrelevant if it could have been litigated. Paternity of Nathan T. 174 Wis. 2d 352, 497 N.W.2d 740 (Ct. App. 1993).

So, the child is yours. You would be better served to figure out how to either modify/dispute the support amount, or figure out how to pay it, rather than trying to figure out how to *******ize the child that you've supposedly cared for as if he were your own for years.

Nope. The specific code section you mention was included in a previous post of mine establishing the presumption of paternity and what a person can do to overcome the presumption.