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Home > Law > Family Law   »   child support 12 years later

 
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Old May 17, 2007, 10:49 PM
juanawin
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child support 12 years later

as I explained before I was told I was not the father. If another mans name is on the bith certificate will that matter, can I get 50/50 custody, or visitation? What about my family I have 4 children by my wife and i am the sole provider.

Can she be held accountable too? she had to mention not knowing who or where the father was when she knew my people lived close.

why now I just don't understand I have not heard or see her in 12 years, the other man must have left!

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Old May 18, 2007, 09:32 AM   #2  
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Whats likely to happen is this:
1. Court will not take into consideration the past and what you were told, nor will it matter if your name is currently on the birth certificate or not.
2. You will be ordered to a DNA
3. Depending on the results of that you will either:
a) be released from obligation of that child due to DNA returning the child is not yours
or
b) you will be found to be the father and therefor will be required to pay child support, and you will have the right to visitation.

It is highly unlikely that you would be able to obtain 50/50. That will most likely not be in the child's best interest as you are a stranger to that child and can cause a great deal of emotional trauma to him/her. But rather you would have the opportunity to begin establishing a relationship with that child by limited and increasing visitation schedules, "step-up" plans if you will. Starting with smaller amounts of time to increasing amounts.

As far as arrears and welfare compensation, I believe that is up to a judge and the rules of your specific state.
Your spouses income will not likely be a consideration when awarding child support, however, it can be. It really depends on the state the order will be established in and the judges decision.

Hope that helps.
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Old Dec 30, 2007, 02:38 PM   #3  
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my dad had the same thing happen to him- after 12 years the grandparents where raising the child and wanted more help- even though the mother wasn't helping at all.
My dad was found to be the father and was ordered to pay support each month- now the kid doesn't even talk to him or anything- they just wanted to the money-
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