What is the name of your state? Ohio
I was going to wait to post this, but decided to go ahead and do it now. I just posted in the adoption area of this forum. Long story short, my (now ex) husband "adopted" my daughter when she was 9 months old. I say "adopted" because he just went in and signed a Declaration of Paternity, and swore to a judge that he is her father. I am questioning in the adoption forum if this was actually legal for us to do that.
My daughter is now 16 years old, and my (now ex) husband is trying to have his support lowered. We also have a 12 year old son together. He submitted papers for CS modification and the order was to raise his support based on the fact that his income is higher now than it was when we got divorced. He hadn't expected this, and became irritated at the thought of having to pay more child support. So he resubmitted papers stating that he shouldn't have to pay for a child that is not biologically his. I have been told not to worry about this, that the judge will not rule in his favor simply because for the past 15 years he has been, in every aspect, her father. He voluntarily signed the Declaration of Paternity and swore to it in front of a judge, so he can't go back now and change his mind simply because he doesn't want his CS payments raised. He did say to the magestrate at one point during our first hearing on the matter that he would agree to pay $100 per month for the 16 year old, and the court ordered amount for the 12 year old. I had to laugh. I'm not all that concerned about the amount of support, I was doing fine with what he was originally paying, but he pixxed me off when he all of a sudden didn't want to claim our daughter just because his support was going to be raised - and then to have him turn around and say to me "Whether I pay the full amount for her or not, I still expect to have visitation with her, I do still love her you know." I honestly wanted to smack him.
So that's my second question - would a judge say that he doesn't have to pay support for our daughter in this scenario?
I was going to wait to post this, but decided to go ahead and do it now. I just posted in the adoption area of this forum. Long story short, my (now ex) husband "adopted" my daughter when she was 9 months old. I say "adopted" because he just went in and signed a Declaration of Paternity, and swore to a judge that he is her father. I am questioning in the adoption forum if this was actually legal for us to do that.
My daughter is now 16 years old, and my (now ex) husband is trying to have his support lowered. We also have a 12 year old son together. He submitted papers for CS modification and the order was to raise his support based on the fact that his income is higher now than it was when we got divorced. He hadn't expected this, and became irritated at the thought of having to pay more child support. So he resubmitted papers stating that he shouldn't have to pay for a child that is not biologically his. I have been told not to worry about this, that the judge will not rule in his favor simply because for the past 15 years he has been, in every aspect, her father. He voluntarily signed the Declaration of Paternity and swore to it in front of a judge, so he can't go back now and change his mind simply because he doesn't want his CS payments raised. He did say to the magestrate at one point during our first hearing on the matter that he would agree to pay $100 per month for the 16 year old, and the court ordered amount for the 12 year old. I had to laugh. I'm not all that concerned about the amount of support, I was doing fine with what he was originally paying, but he pixxed me off when he all of a sudden didn't want to claim our daughter just because his support was going to be raised - and then to have him turn around and say to me "Whether I pay the full amount for her or not, I still expect to have visitation with her, I do still love her you know." I honestly wanted to smack him.
So that's my second question - would a judge say that he doesn't have to pay support for our daughter in this scenario?