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    Loischipin's Avatar
    Loischipin Posts: 3, Reputation: 1
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    #1

    Sep 1, 2013, 10:45 AM
    Extortion by bio mother upon bio father?
    Biological mother tells Biological father must pay court-ordered child support of 25.00, she never went to court, he justbelievedher. Is this extortion, if so,what can he do about it? This was found out when she said she wanted her current husband to adopt his child. He was told she was going to do it because he had missed child support payments. What are his options. Oh, he did have a DNA done and child is 99.9% his!
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Sep 1, 2013, 11:16 AM
    He needs to tell her see you in court. That way he will know what is legally owed, call her bluff and cut out the drama. Catch up with anything he does owe and take proof of everything he has. Let the Judge sort it out.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Sep 1, 2013, 12:16 PM
    No its not extortion, its called being naïve by not asking for proof of the court order.

    What does he want to do? If he allows the adoption, his support obligation ends, but so does his rights to the child.

    Does he want to be a father to the child?

    Who did the DNA? Was it ordered by a court? Has he gone to court for anything?
    Loischipin's Avatar
    Loischipin Posts: 3, Reputation: 1
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    #4

    Sep 2, 2013, 08:06 AM
    Against the law?
    Is it against the law for mother of child lies to get child support? The child is the father,s? She never went to court but said she did and she would take him to court to get back pay. Is trickery allowed?or legal?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #5

    Sep 2, 2013, 08:12 AM
    She can only get back pay to the date of the court order. He can simply tell her to take it to court. He can also file joint custody. If there is question about paternity the first thing that needs done is a paternity test. He should keep records and recptd of all money and gifts given so he doesn't look like a dead beat dad.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Sep 2, 2013, 08:14 AM
    She lied by saying she had taken him to court? Did he pay her money?

    Maybe, but I have to note that he was very foolish to take her word for it. She wouldn't have been able to take him to court without first seeing to it that he was given official notice (usually called a "summons") of the court action.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Sep 2, 2013, 09:04 AM
    No it is not against the law to lie, except in court.

    If she goes into court and asks for back support, she will have to show previous court records and she won't be able to.

    On the other hand, she is entitled to some support, but he should insist that it be done through the courts.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Sep 2, 2013, 09:16 AM
    Quote Originally Posted by ScottGem View Post
    No it is not against the law to lie, except in court.

    ....
    Fraud can be grounds for a civil remedy.
    Loischipin's Avatar
    Loischipin Posts: 3, Reputation: 1
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    #9

    Sep 2, 2013, 10:26 AM
    What is extortion?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Sep 2, 2013, 10:39 AM
    Quote Originally Posted by Loischipin View Post
    What is extortion?
    Blackmail.

    To threaten to do something, souch as turn you in for a crime or reveal something embarrassing, unless you get something in return.

    I don't believe that would apply.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #11

    Sep 2, 2013, 11:09 AM
    Does he have DNA proof he is the father? Has he been giving her money? He needs to tell her to see him in court before he pays another dime. The court needs to give him the payment plan that he is to follow.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Sep 2, 2013, 11:46 AM
    Quote Originally Posted by Loischipin View Post
    What is extortion?
    What AK said. This was just a straight out lie. She told him the court ordered support. He didn't ask to see the court order. No, its not extortion.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #13

    Sep 3, 2013, 06:05 AM
    No, this is just a man who did not do anything right. He needed to file for child visit, got court ordered child support. But 25 is nothing, he should have smiled and been happy.

    But now, he gets an attorney and does what he should have done long time ago,
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