Announcement

Collapse
No announcement yet.

Not sure if he's the father

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Not sure if he's the father

    I married my husband in July, 2013. shortly after he was contacted by a lady he dated years ago stating that he has an 13 year old daughter that he knew nothing about. She said that she didn't tell him because he was married and now she feel that her daughter needs to know her father. shortly after that he started getting papers in the mail saying that he owes child support for the girl and he was behind in payment. My husband contacted the child support agency and they stated that although he was overseas serving our country his mother sign for the letter that they had sent him notifying him of her attempt to get child support. My husband had to children and thought that the payment were being paid to them. What can he do? about this because he's still not sure if he's the father and the mother does not want to give him a dna test.
    0
    yes
    0%
    0
    no
    0%
    0
    not sure
    0%
    0
    don't care
    0%
    0

    The poll is expired.


  • #2
    Re: Not sure if he's the father

    I wish to inform you that your husband may inform the child support agency that the paternity of the child had not been proved. Further, he was overseas serving the country and had no information about this child. If the matter is not resolved with the mother of the child and the child support agency then he may file petition in the court for dna test to establish paternity of the child. If he is declared the father by the court then he will have to pay child support from the date as ordered by the court. Normally, no past child support is to be paid prior to the date paternity is established. Further, the court keeps in view the best interest of the child. The court will consider all the facts and decide the matter.

    AFF

    Comment


    • #3
      Re: Not sure if he's the father

      The timing here might be critical.

      A few questions:

      Is he military?

      When was his mother served?

      How old is the CS order?

      Any idea why his mother didn't tell him she'd signed for something?

      Comment


      • #4
        Re: Not sure if he's the father

        Originally posted by dusty24 View Post
        I married my husband in July, 2013. shortly after he was contacted by a lady he dated years ago stating that he has an 13 year old daughter that he knew nothing about. She said that she didn't tell him because he was married and now she feel that her daughter needs to know her father. shortly after that he started getting papers in the mail saying that he owes child support for the girl and he was behind in payment. My husband contacted the child support agency and they stated that although he was overseas serving our country his mother sign for the letter that they had sent him notifying him of her attempt to get child support. My husband had to children and thought that the payment were being paid to them. What can he do? about this because he's still not sure if he's the father and the mother does not want to give him a dna test.
        The mother has to agree to DNA testing whether she likes it or not if she wishes to claim he is the father.

        Have HIM file a paternity action in court and bring the matter to a head is my advice. DNA testing will be ordered and that should settle the issue for once and for all.

        Comment


        • #5
          Re: Not sure if he's the father

          If he was stationed overseas, Federal law suspends the finality of any court actions against him.
          The Soldiers and Sailors Civil Relief Act (SSCRA)
          Due to a recent promotion, I should now be referred to as Major Obvious.

          I would not be trying to provide information and knowledge if I did not sympathize.

          Some days it is just not worth chewing through the restraints to face life.

          Comment


          • #6
            Re: Not sure if he's the father

            Originally posted by Disagreeable View Post
            If he was stationed overseas, Federal law suspends the finality of any court actions against him.
            The Soldiers and Sailors Civil Relief Act (SSCRA)

            Only if the servicemember invokes.

            Comment


            • #7
              Re: Not sure if he's the father

              Originally posted by LiverAndOnions View Post
              Only if the servicemember invokes.
              Not to be Major Obvious, OP is here attempting to find out what options for relief of the unfair judgment he has. I will give you 10 hey ya'lls and 2 no craps if you can figure out the primary basis of the service members motion to reopen the support action is going to be.
              Due to a recent promotion, I should now be referred to as Major Obvious.

              I would not be trying to provide information and knowledge if I did not sympathize.

              Some days it is just not worth chewing through the restraints to face life.

              Comment


              • #8
                Re: Not sure if he's the father

                Originally posted by Disagreeable View Post
                Not to be Major Obvious, OP is here attempting to find out what options for relief of the unfair judgment he has. I will give you 10 hey ya'lls and 2 no craps if you can figure out the primary basis of the service members motion to reopen the support action is going to be.

                Let's wait and see how the OP answers the questions, shall we?

                Perhaps you can figure out why they were asked

                Comment


                • #9
                  Re: Not sure if he's the father

                  If I'm not mistaken, the Soldiers and Sailors Civil Relief Act does not apply to child support cases.

                  Comment


                  • #10
                    Re: Not sure if he's the father

                    The Servicemembers Civil Relief Act (as it has been known since 2003) does apply to child support.

                    The Servicemembers may request a stay of 90 days, as well as further stays. A default order cannot be entered without giving 90 days for an attorney to be brought in.
                    Getting fired isn't an illegal termination unless you are a member of a protected class (race, religion, disability, etc) AND you were fired for that reason.

                    Can you sue? Absolutely. Can you win? There's the rub!

                    Comment


                    • #11
                      Re: Not sure if he's the father

                      It actually goes farther than that. It can allow for retroactive modification under various circumstances. It can allow for modification of a prior order that was or should have been temporary pending the return of the military party.
                      Due to a recent promotion, I should now be referred to as Major Obvious.

                      I would not be trying to provide information and knowledge if I did not sympathize.

                      Some days it is just not worth chewing through the restraints to face life.

                      Comment


                      • #12
                        Re: Not sure if he's the father

                        I am not sure either who is the father, but the guy I highly suspect is the father won't take a a blood test to see.

                        And he said he's moving to Brazil on top of it all???
                        Am I out of luck for good?

                        Comment


                        • #13
                          Re: Not sure if he's the father

                          Originally posted by ann32 View Post
                          I am not sure either who is the father, but the guy I highly suspect is the father won't take a a blood test to see.

                          And he said he's moving to Brazil on top of it all???
                          Am I out of luck for good?
                          Well, since you decided to post on someone else's thread that's almost 7 YEARS old I'd say yes.

                          Now run along and get a lawyer.

                          And it would help if you stopped sleeping around.

                          Comment

                          Previously entered content was automatically saved. Restore or Discard.
                          Auto-Saved
                          Mad :mad: Wink ;) Frown :( Big Grin :D Confused :confused: Embarrassment :o Smile :) Stick Out Tongue :p Roll Eyes (Sarcastic) :rolleyes: Cool :cool: EEK! :eek:
                          x
                          Insert: Thumbnail Small Medium Large Fullsize Remove  
                          x

                          the color of a banana is... (write the answer twice with an "@" between the words)

                          Loading...
                          Working...
                          X