legal consequence

[LdiJ]

Fact is, she commited perjury. So, I need an opinion. Will the pursuit for obtaining the child support be more of a legal hassle than what it's worth? The father can use that to his advantage to complicate things right? Our main concern is the child's well being.

Realistically, the fact that she committed perjury is probably going to mean little to nothing.
Dad has known about the child since shortly after the child's birth. If she had kept the child completely hidden from dad then it could be significant. The state is more interested in making sure than children are supported by both parents than anything else.

 

[LdiJ]

Sounds like Sis being more concerned for herself than her child and furthering the illegal acts and depriving her daughter of a father.

I respectfully disagree. She told dad shortly after the birth....If dad didn't pursue anything at that point then she wasn't the one depriving her child of a father....or at least not the only one.

I suspect that she just wanted the divorce over with and knew that revealing the pregnancy would put things on hold until after the baby was born.

Quite frankly I think that many state laws prohibiting a divorce from finalizing if the wife is pregnant are archaic. There are many different things that could be done to "reserve" the issue of paternity/custody/visitation etc., without stopping a divorce.

 

[Ohiogal]

I respectfully disagree. She told dad shortly after the birth....If dad didn't pursue anything at that point then she wasn't the one depriving her child of a father....or at least not the only one.

I suspect that she just wanted the divorce over with and knew that revealing the pregnancy would put things on hold until after the baby was born.

Quite frankly I think that many state laws prohibiting a divorce from finalizing if the wife is pregnant are archaic. There are many different things that could be done to "reserve" the issue of paternity/custody/visitation etc., without stopping a divorce.

I see what you are saying but Sis doesn't want to pursue child support which is her CHILD"S right because of fear for herself. That still smacks of selfishness. She doesn't want to pursue it because of what may happen to her and apparently doesn't want to allow daddy a chance to counterclaim for visitation. I still think she is selfish and needs to realize that child has a right to be supported by both mom and dad and has a right to have a relationship with dad.
IF I were dad I would be very hesitant to believe this child was mine as well. The woman lied in court and stated that she was not pregnant and then she comes around and says that he is the father even though when they were in court she wasn't pregnant. And he didn't sleep her -- most probably -- after the papers were filed. Why SHOULD he believe a word the woman says?

 

[ceara19]

I respectfully disagree. She told dad shortly after the birth....If dad didn't pursue anything at that point then she wasn't the one depriving her child of a father....or at least not the only one.

I suspect that she just wanted the divorce over with and knew that revealing the pregnancy would put things on hold until after the baby was born.

Quite frankly I think that many state laws prohibiting a divorce from finalizing if the wife is pregnant are archaic. There are many different things that could be done to "reserve" the issue of paternity/custody/visitation etc., without stopping a divorce.

The OP's state, Texas, can finalize the divorce before the child is born. They ask about pregnancy so that it can be addressed in the DD.

 

[critterperson]

What is the name of your state? Texas

my sister wants to collect child support from her ex-husband. She was pregnant when her divorce was granted, but this info was not in the decree. If she tries to collect and it is discovered that this info was withheld, are there any legal consequences she should be aware of?

Was she positive of the pregnancy when she told her attorney no? Doctors appointment confirming pregnancy?Tell your sister to be upfront and honest with her new attorney and they will help ease the blow if it is questioned! Her child deserves to be supported by two parents...She needs to file for a paternity finding (they will order DNA testing), and then file for the child support that is owed to her CHILD...Good Luck!

 

[AmarieNorton]

Was she positive of the pregnancy when she told her attorney no? Doctors appointment confirming pregnancy?Tell your sister to be upfront and honest with her new attorney and they will help ease the blow if it is questioned! Her child deserves to be supported by two parents...She needs to file for a paternity finding (they will order DNA testing), and then file for the child support that is owed to her CHILD...Good Luck!

That's kinda what I was thinking. How could it be proven that she knew she was pregnant when she said she didn't? Unless she had already gone to the doctor and they told her she was preg. she could always just say she didn't know (if she wasn't very far along at the time). Some women have female problems and aren't regular and it's not out of the ordinary to miss a month here and there.

I think mom should file for CS and just deal with whatever comes up. ExHubby has known about the baby so he can't exactly act like a victim in all of this. True, mommy shouldn't have lied but the baby needs to be supported by both parents.

I also think it would be wise for daddy to get a paternity test (he may not really be the father). JMHO.

 

[txmom78]

You say the pregnancy wasn't admitted.
Did she actually know she was pregnant at that time?
(I'm guessing she did)
When was the divorce final?
When was the child born?

OH yea, she found out she was pregnant after he moved out. the divorce was final when she was 7 mos pregnant. The child was born 2 mos after the divorce. she felt guilty and told him about the baby when the baby was 2mos old.

 

[txmom78]

it is possible for him to gain visitation and joint legal and physical custody. Sole custody is improbable unless he can prove mom unfit. As for telling him when the child was two months old -- she lied in court about being pregnant. What was dad supposed to think? She would lie in court when the penalty is much more severe than lying to him? Most people wouldn't do that.

well, when she told him about the baby, he said he wanted to get back together with her, but she didn't want to be with him. She just wanted him to know he had a son.He said if she didn't want to get back together, then he didn't think he would be ready or willing to be a father to the child in any way.

 

[txmom78]

I respectfully disagree. She told dad shortly after the birth....If dad didn't pursue anything at that point then she wasn't the one depriving her child of a father....or at least not the only one.

I suspect that she just wanted the divorce over with and knew that revealing the pregnancy would put things on hold until after the baby was born.

Quite frankly I think that many state laws prohibiting a divorce from finalizing if the wife is pregnant are archaic. There are many different things that could be done to "reserve" the issue of paternity/custody/visitation etc., without stopping a divorce.

you have suspected correctly. She made that decision to divorce based on the way the husband was treating her. and wanted to leave him so bad. He didn't want a divorce.

 

[VeronicaGia]

If mom goes after him for support, and "dad" has any sense at all, he will demand a court ordered DNA test.

 

[ceara19]

OH yea, she found out she was pregnant after he moved out. the divorce was final when she was 7 mos pregnant. The child was born 2 mos after the divorce. she felt guilty and told him about the baby when the baby was 2mos old.

Did she not appear in court at the final hearing or was the judge blind? (Or even worse, is she one of those people where you can't even tell she's pregnant even when she's in labor?)