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    seasonhrs's Avatar
    seasonhrs Posts: 6, Reputation: 1
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    #1

    May 28, 2008, 02:21 PM
    Wrongful child support
    I have been paying child support in Texas on a child and to the attorney generals office for many years. They know I am not the father of this adult child because the bio-father had a dna test done that was 99.9% positive he was the father, I gave them a copy of the test at a court hearing to make me pay more since the child support and afdc is deep in the arrears. The judge told me I would have to pay or go to jail since I signed to pay in the divorce papers not knowing I wasn't the father. I have recently been laid off from my job and haven.t been paying anything. They sent me a letter the other saying if I didn't pay the 32,000.00 in back child support and afdc they were going to suspend my drivers license and take further legal action. Would it help if I filed for a dna test especially since the child is a adult now? I have never seen nor had any cotact with this child but have paid probably 20,000.00 in child support over the years. Someone please help!
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    May 28, 2008, 02:28 PM
    How old is the child now ? You say he is an adult, so he must be over 18 (not knowing the legal age in Texas).
    seasonhrs's Avatar
    seasonhrs Posts: 6, Reputation: 1
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    #3

    May 28, 2008, 02:33 PM
    I think 21 years old now plus I'm not on the birth certificate nor have I ever had any contact with this child!
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    May 28, 2008, 06:44 PM
    What did the divorce decree say and when was the order issued ?

    In some states if a child is born in wedlock then the husband is the assumed and presumptive father of the child. i.e. the child is yours with all the responsibilities no matter who the bio dad is. Now if the bio dad had anything to do with the breakup of the marriage then you might have a right ( based on state limitations ) to file against him for damages.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    May 28, 2008, 06:54 PM
    Ok, at what point did you hire an attorney and make a legal motion in court to have the child supported ended. And produce a DNA test to prove you are not the father ( I know but proving someone else is, does not prove you are not) OK, I know it does, you know it does, but you have to produce evidence specificly.

    If you did not make a legal motoin to the judge, he can only order what is in front of him.

    *** also in some states, ( did not thing TX was one of them) but if you agreed to be the father, after a number of years, even if you prove you are not the father, you will still be held liable for child support.
    JH123's Avatar
    JH123 Posts: 20, Reputation: 1
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    #6

    May 28, 2008, 08:05 PM
    Tx has 5 year statute of limitation to contest paternity
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #7

    May 29, 2008, 09:13 AM
    If your name is not on the birth certificate, why did you sign divorce papers agreeing to pay child support for a child that you claim you've never had contact with?
    seasonhrs's Avatar
    seasonhrs Posts: 6, Reputation: 1
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    #8

    May 30, 2008, 07:53 PM
    Quote Originally Posted by this8384
    If your name is not on the birth certificate, why did you sign divorce papers agreeing to pay child support for a child that you claim you've never had contact with?
    I was 18 years old and didn't have an attorney. I used her attorney. How do I file for a dna test?
    seasonhrs's Avatar
    seasonhrs Posts: 6, Reputation: 1
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    #9

    May 30, 2008, 07:56 PM
    [QUOTE=Fr_Chuck]Ok, at what point did you hire an attorney and make a legal motion in court to have the child supported ended. And produce a DNA test to prove you are not the father ( I know but proving someone else is, does not prove you are not) OK, I know it does, you know it does, but you have to produce evidence specificly.

    If you did not make a legal motoin to the judge, he can only order what is in front of him.

    *** also in some states, ( did not thing TX was one of them) but if you agreed to be the father, after a number of years, even if you prove you are not the father, you will still be held liable for child support.[ how do I file a motion for a dna test? And where do I get the document
    seasonhrs's Avatar
    seasonhrs Posts: 6, Reputation: 1
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    #10

    May 30, 2008, 07:58 PM
    Quote Originally Posted by califdadof3
    what did the divorce decree say and when was the order issued ?

    In some states if a child is born in wedlock then the husband is the assumed and presumptive father of the child. i.e. the child is yours with all the responsibilities no matter who the bio dad is. Now if the bio dad had anything to do with the breakup of the marriage then you might have a right ( based on state limitations ) to file against him for damages.
    I don't want damages I just want the child support to stop its 32,000.00
    seasonhrs's Avatar
    seasonhrs Posts: 6, Reputation: 1
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    #11

    May 30, 2008, 08:00 PM
    Quote Originally Posted by JH123
    tx has 5 year statute of limitation to contest paternity
    Do you know this for a fact?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #12

    May 30, 2008, 11:24 PM
    Quote Originally Posted by seasonhrs
    do you know this for a fact?
    Actually - there is four year statute of limitation.
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