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  • Complicated question about child support

    Hi all, had a question about a situation that Im in. I knew this women 14 years ago. We had a brief sexual relationship. She then got pregnant but married another man. The man she married put his name on the birth certificate and has raised the boy as his own. I recently talked to the women and she claims the child is mine and not his. The boy is now 13+ years old. If she decides to have me do a paternity test and I am the biological father will I have to pay child support for the last 13 years or from the establishment date of paternity? The women and child are in California. Also if we do the paternity test after the child is 18 years old will i be responsible for any child support?

  • #2
    Re: Complicated question about child support

    I wish to inform you that in case you are proved to be the biological father then you may be made to pay the child support. It depends upon the state where you are living. However, many states generally allow demand of child support from back date if it comes within the period of limitation. Child support is paid towards child welfare and therefore it can be claimed. However, it will be necessary in your case to first prove your paternity.

    AFF

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    • #3
      Re: Complicated question about child support

      In a case such as this, where a child has been born to a marriage and has been raised to believe, and been told, that both parents are the biological parents, and the father has accepted that role in marriage, the child is legally that man's. The woman cannot, after all these years, go after you for child support. The child has been supported all these years, and a court would frown on her actions if she decided to rock the child's boat now.

      No, you will not be on the hook for back, present, or future child support, as the courts will decide that the legal father is the financial provider, and that it is in the best interest of the child to continue to be supported in the same manner.

      She cannot make you submit to a paternity test. The family court cannot force you to submit either. You are under no legal obligation to submit to one.

      If this woman cares one iota about her child, she will leave this alone. The child involved will be the only person hurt in any of this.

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      • #4
        Re: Complicated question about child support

        Originally posted by Unregistered View Post
        In a case such as this, where a child has been born to a marriage and has been raised to believe, and been told, that both parents are the biological parents, and the father has accepted that role in marriage, the child is legally that man's. The woman cannot, after all these years, go after you for child support. The child has been supported all these years, and a court would frown on her actions if she decided to rock the child's boat now.

        No, you will not be on the hook for back, present, or future child support, as the courts will decide that the legal father is the financial provider, and that it is in the best interest of the child to continue to be supported in the same manner.

        She cannot make you submit to a paternity test. The family court cannot force you to submit either. You are under no legal obligation to submit to one.

        If this woman cares one iota about her child, she will leave this alone. The child involved will be the only person hurt in any of this.
        Thank u for your response. I actually liked yours much more than the person before u. Im a very responsible adult and if she would've told me this when she initalally had the child I would've been more than happy to take responsibility. but to wait 13 years when im now married and have a family of my own is just wrong to me.
        My question for u is the information your telling me of your opinion or is this from a law perspective? Im not doubting you its just your a guest and the above poster is a veteran on the board. Any more advice or insight is greatly appreciated. Thanks for your time.

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        • #5
          Re: Complicated question about child support

          The poster before me is a "veteran" only by the number of posts authored by him/her. Levels are achieved by the number of posts a person puts out, and not by "rank" of knowledge or expertise. In other words, they live here more than they live in their real lives.

          As you can also see, anyone can post anything on this board and no moderator monitors it for accuracy in content, of the poster above me would not even be allowed to post, as 9 times out of 10 their "advice" is grossly inaccurate and has little, if anything, to do with actual law as it is practiced in this day and age.

          No, it is not merely my opinion. It is law and fact that since the woman married someone else, (he more than likely believes the child is his), and had the child, he is, in the eyes of the law, the child's legal father, and has taken on the obligation of financially supporting the child until the child reaches adulthood. No court would, after all this time, and considering the circumstances, allow the woman to come after you for child support, nor would a court automatically absolve the husband (legal father) of any such parental or financial obligations. Remember, in 5 short years this child will be an adult. So her motive for telling you this is suspect and cruel.

          This does not mean that you can't, should you wish to know this child, file a petition asking for a paternity test, from the courts, and base that petition on what this woman has admitted to you herself. Bear in mind, however, than unless this child is aware that the husband is not the actual father, it will do the child more harm than good to upset the world he/she knows at this point.

          Comment


          • #6
            Re: Complicated question about child support

            Originally posted by Unregistered View Post
            The poster before me is a "veteran" only by the number of posts authored by him/her. Levels are achieved by the number of posts a person puts out, and not by "rank" of knowledge or expertise. In other words, they live here more than they live in their real lives.

            As you can also see, anyone can post anything on this board and no moderator monitors it for accuracy in content, of the poster above me would not even be allowed to post, as 9 times out of 10 their "advice" is grossly inaccurate and has little, if anything, to do with actual law as it is practiced in this day and age.

            No, it is not merely my opinion. It is law and fact that since the woman married someone else, (he more than likely believes the child is his), and had the child, he is, in the eyes of the law, the child's legal father, and has taken on the obligation of financially supporting the child until the child reaches adulthood. No court would, after all this time, and considering the circumstances, allow the woman to come after you for child support, nor would a court automatically absolve the husband (legal father) of any such parental or financial obligations. Remember, in 5 short years this child will be an adult. So her motive for telling you this is suspect and cruel.



            This does not mean that you can't, should you wish to know this child, file a petition asking for a paternity test, from the courts, and base that petition on what this woman has admitted to you herself. Bear in mind, however, than unless this child is aware that the husband is not the actual father, it will do the child more harm than good to upset the world he/she knows at this point.
            First Id like to appologize for questioning your knowledge on the subject. It was bad judgement on my part for comparing you to the other poster here. I would also like to thank you for responding and taking the time to make me better informed. I truly appreciate it.

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