Found out 8 year old is not mine

[Silverplum]

I don't want it to come to that butbib not going to met my other 2 kids not have things in life and live on pennies so a child that is not even mine "and it's not his fault" but his mom can sit back and not work her whole life and have 3 other dads payin child support to her, I have to protect my family to and this is a huge blow to them, I work on the railroad I can't get a 2nd job, my wife just got don't with her CNA class we have an 11 month old and all her check would go to day care, and silver plum I have looked into everything you are showing me I am liking for soacific details on a case like this in Wisconsin what you are showing me has nothing to do with details in talking about

Yes, the info I provided does speak to your question. (In three links, two of which are VERY broad, you have found nothing? )

If you are displeased with the free services we have provided, you are more than welcome to hire an attorney.

 

[Silverplum]

FYI to your current wife: If she finds this situation untenable and divorces you and receives primary custody, the child support she would receive from you would be calculated AFTER the support you pay your first child.

 

[CSO286]

I have been paying child support since we split when he was 2 I was paying 360 a month, it's sad that it has to come to money but I have a family to take care of also, I went to his mom and all she sees is $ signs. I had spoke to my lawyer when we got a divorce and he said it don't matter if I signed to recognition of parantage form I can still protest paternatiy I know each state is different

And in Minnesota, you have 60 days in which to rescind the Recognition of Parentage. You might have also had a chance to contest paternity (IF THE JUDGE ALLOWED IT) at the time of your divorce.

It has been years since the divorce; it would be considered detrimental to the child to disestablish paternity at this point (DNA or no). For that the reason I don't believe any court in MN will hear your issue.

And just so you know: I work in MN child support.

 

[Silverplum]

And in Minnesota, you have 60 days in which to rescind the Recognition of Parentage. You might have also had a chance to contest paternity (IF THE JUDGE ALLOWED IT) at the time of your divorce.

It has been years since the divorce; it would be considered detrimental to the child to disestablish paternity at this point (DNA or no). For that the reason I don't believe any court in MN will hear your issue.

And just so you know: I work in MN child support.

You're correct about everything, except the OP is in WI.

Close enough to shiver together, yet not the same.

ETA: The marriage was in MN, the child was born in MN...they all appear to have moved to WI.

 

[CSO286]

I understand my first obligation is to my child but I can't make my family that I live with poor because I am paying 1400 a month in child support, the child is not mine, why do my kids that live with me have to live on pennies while my ex gets all my money, I came here cause I was looking for some guidance on specific Wisconsin laws dealing with these type of cases

Wisconsin may not have jurisdiction over the matter. Minnesota probably does--that is where the ROP was signed.

Where did you get married? Divorced? Where do mom and child live?

 

[CSO286]

I am looking for specifics on this you guys are just telling me your opinions. I know in Texas no matter how old the child is if you find through dna testing that the child is not yours you can be removed from the birth certificate I am looking for some laws in Wisconsin not your opinions

You really need to stick to the state that has jurisdiction. All the laws in the other states???? They don't matter.

 

[Silverplum]

Wisconsin may not have jurisdiction over the matter. Minnesota probably does--that is where the ROP was signed.

Where did you get married? Divorced? Where do mom and child live?

Well, in THAT case:

http://lmgtfy.com/?q=MN+paternity+law

 

[sandyclaus]

I don't want it to come to that butbib not going to met my other 2 kids not have things in life and live on pennies so a child that is not even mine "and it's not his fault" but his mom can sit back and not work her whole life and have 3 other dads payin child support to her, I have to protect my family to and this is a huge blow to them, I work on the railroad I can't get a 2nd job, my wife just got don't with her CNA class we have an 11 month old and all her check would go to day care, and silver plum I have looked into everything you are showing me I am liking for soacific details on a case like this in Wisconsin what you are showing me has nothing to do with details in talking about

Perhaps you shouldn't have been so blind and idealistic and just accepted a child which you appeared to suspect wasn't yours all along.

Once you signed that AOP, that made you legal dad for as long as it takes to raise that child. It also gave you the responsibility to provide financial support for that child - whether or not you like it.

You already knew you had the child support obligation before you CHOSE to bring these other two kids into your life. That's YOU, being selfish - bringing new children into a relationship for which you would be financially responsible, when you already had an obligation to another child. If you can't afford them, don't have them - PERIOD.

From the Wisconsin Dept. of Children and Families website regarding the Voluntary Paternity Acknowledgment form you signed (http://dcf.wisconsin.gov/bcs/paternity/vpa.htm):

If you change your mind, you can withdraw the Voluntary Paternity Acknowledgment form if a court has not yet ruled on a family matter involving the father, mother, and child. It's 8 years too late to do that.

Either the mother or the father may mail a completed Request to Withdraw Voluntary Paternity Acknowledgment form to the state Office of Vital Records. The form must be filed within 60 days of filing the Voluntary Paternity Acknowledgment form but before a court rules on a family matter that involves the mother, father, and child. It's too late for this now as well, since you never disestablished paternity prior to a support order being issued.

If you change your mind about using the Voluntary Paternity Acknowledgment form after 60 days, you need to ask the court to change the child's paternity. You will need to prove that there was fraud, duress, or a serious mistake that caused you to sign the Voluntary Paternity Acknowledgment form. None of these apply to you. You willingly and voluntarily signed the AOP, without regard to whether or not you really were the child's biological parent.

 

[Badger27]

The marriage was in Wisconsin the divorce was in Wisconsin and the only thing Minnesota was the birth cause we live on boarder cities and Minnesota has th birthing hospital

 

[CSO286]

The marriage was in Wisconsin the divorce was in Wisconsin and the only thing Minnesota was the birth cause we live on boarder cities and Minnesota has th birthing hospital

Ok, now this is the $64,000 question: Did you contest paternity at the time of the divorce?

 

[Silverplum]

Ok, now this is the $64,000 question: Did you contest paternity at the time of the divorce?

Doubtful, as he has been paying CS since the divorce, approximately six years ago.

 

[CSO286]

Ok, now this is the $64,000 question: Did you contest paternity at the time of the divorce?

Doubtful, as he has been paying CS since the divorce, approximately six years ago.

Then given that six years have elapsed since he had a chance to contest--and it is well past the time to contest the ROP, our OP here will almost certainly not find a court that will hear his case for disestablishing paternity.

 

[Badger27]

Well if she never at the time told me that it could be another guys child and she told me it was mild child and now I start to really see that the child does not resemble me at all and I get a dna teat come back he is not mine, wouldn't that not be fraud on her part? And there for give me a legal ground to bring a paternity case against her?

 

[single317dad]

...I know in Texas...

So when are you, Mom, and the child all moving to Texas and having your case transferred there?

If Mom has remarried, you could allow her new husband to adopt. Then maybe the child would have a father that wouldn't see him as an inconvenience.

 

[Silverplum]

Well if she never at the time told me that it could be another guys child and she told me it was mild child and now I start to really see that the child does not resemble me at all and I get a dna teat come back he is not mine, wouldn't that not be fraud on her part? And there for give me a legal ground to bring a paternity case against her?

No.

We've answered many questions from you. Now I'd like to ask you a question.

DO you think it's BEST for the boy to be dumped by you now? If yes, why?