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jcsolano · Feb 6, 2009, 11:59 AM

OK my son is 5 years of age and I am now going for a paternity test because of doubts that I've always had if I am not the father what happens to my child support payments and what happens to what I've paid I mean do I get any type of compensation

ScottGem · Feb 6, 2009, 12:04 PM

This depends on the state you live in and your relationship to the mother.

If you were married to and living with the mother at the time of birth and signed the birth certificate, then most states hold that you are the legal father. Even if not married and you signed the birth certificate, you may still be considered the legal father.

Most states have a statute of limitations on how long paternity can be challenged. Its usually less than 5 years. So, even if a paternity test says you are not the biological father, that might not change your status as the legal father. And, if that's the case, your support doesn't change.

I would suggest consulting with a Family Law attorney in your area to see what your local laws provide for.

jcsolano · Feb 6, 2009, 12:08 PM

I live in New Jersey and I am going to go to a lawyer I just went yesterday to file for paternity test I'm very nervous to know but she puts me through hell and if I'm going to continue I have to know if he is 100 percent mine

jcsolano · Feb 6, 2009, 12:09 PM

Yes it defitnatly helps thank you and no we were never married nor lived together it was a high scool relationship I haven't been with her since before my son was even born

ScottGem · Feb 6, 2009, 12:12 PM

But you DID sign the birth certificate and you DID acknowledge paternity!

Since child support was ordered, there must have been a custody determination, what was that?

jcsolano · Feb 6, 2009, 12:14 PM

Joint custody and yes I did sign the birth certificate my first court appearance I actually ordered a paternity test but I backed down right before it was going to get done

ScottGem · Feb 6, 2009, 12:28 PM

So the question here is what is the NJ law on the SOL to protest legal paternity. And I'm afraid you are out of luck there according to this:

Acknowledgement of Paternity

A person identified as the child's father in paternity suits is called the "putative father."
The non-judicial acknowledgement of paternity proceeding under the UPA allows a putative father to make a knowing and intelligent acknowledgment of paternity that is the same as a judgment of paternity for purposes of enforcement. An acknowledgement in one state has full faith and credit for terms of enforcement in another state that has adopted the new uniform act.
The acknowledgment is effective as long as there is not another presumed, acknowledged or adjudicated father. There is also a provision in the act for rescission of the acknowledgment if it is filed within two years of registration.

Found on this site: The Uniform Parentage Act of 2002

jcsolano · Feb 6, 2009, 12:37 PM

Great advice and yes I guess I am out of luck but what if she decides to just have me out of their lives and takes full custody and I hand over all my rights I mean I still love him with my all and would still want to be a part of his life I just don't know what's going to happen once she finds out that I want a paternity test and if she does find the real father and he decides to take the custody what happens

Justwantfair · Feb 6, 2009, 12:39 PM

Originally Posted by jcsolano

and i hand over all my rights

You won't get to hand over your rights, unless she can prove and is willing to prove his biologically father.

ScottGem · Feb 6, 2009, 12:40 PM

As I interpret the law, its too late for the bio father (if it isn't you) to take custody. The SOL on challenging paternity is long past. You should still consult an attorney to verify this.

As for giving up your rights, forget that. No court is going to allow for a TPR just to get out of paying support. The only way you could be relieved of the support is if, she marries someone willing to adopt the child. And if you agree to that, you may be shut out of having anything to do with the child.

Justwantfair · Feb 6, 2009, 12:43 PM

Originally Posted by ScottGem

The acknowledgment is effective as long as there is not another presumed, acknowledged or adjudicated father.

Does that not read to intrepret that if she can prove via paternity test to a biological father, it would remove his acknowledgement of paternity?

Just asking.

jcsolano · Feb 6, 2009, 01:12 PM

Man this judicial system suks but yes I see what you mean so basically I'm stuck and have to deal with it but any way I want to know if he is 100 percent mine if he isn't what can I do right and personally she will never get married lol she is a little crazy something has to give at this hearing because since child support has been taking so much from me my life hasn't been sraight but lets see what happens thanks for your help guys I really appreciate it

jcsolano · Feb 6, 2009, 01:17 PM

By the way OK so let me get this straight I'm I am not the father and lets say she finds the real father and he wants custody he wants everything his last name everything what would happen does he get it and I'm out the picture or like you said I'm still known as the legal father

Justwantfair · Feb 6, 2009, 01:48 PM

That was the discussion.

I would think that it is probably fairly unlikely for that scenerio to take place since it is years since high school and she may not even know or want to locate the correct father.

The only protection you have against this sort of thing is to ALWAYS do a paternity test for your own protection.

ScottGem · Feb 6, 2009, 02:45 PM

Originally Posted by Justwantfair

Originally Posted by ScottGem

Acknowledgement of Paternity

The acknowledgment is effective as long as there is not another presumed, acknowledged or adjudicated father. There is also a provision in the act for rescission of the acknowledgment if it is filed within two years of registration.

Does that not read to intrepret that if she can prove via paternity test to a biological father, it would remove his acknowledgement of paternity?

Just asking.

I think you need to take both together. So that if another father challenges it has to be done within 2 years. But I could be wrong, which is why the OP needs to consult an attorney.

ScottGem · Feb 6, 2009, 02:48 PM

Originally Posted by jcsolano

by the way ok so let me get this straight im i am not the father and lets say she finds the real father and he wants custody he wants everyting his last name everything what would happen does he get it and im out the picture or like you said im still known as the legal father

If the real father is found and wants to adopt, that will let you off the hook. If the real father is found and wants to challenge your paternity, he MAY be able to. But if the real father can't be found or he can be found and he does not want to be the legal parent, you can no longer recant your acknowledgement of paternity, so you will remain the legal parent.

Justwantfair · Feb 6, 2009, 03:06 PM

Thank you for the clarifications Scott. :)

GV70 · Feb 6, 2009, 05:20 PM

An interesting NJ case:

It was proper to terminate the defendant's child support payments, even though he treated the boy as his own son and supported him since his birth in 1989 as a result of the parties' unmarried relationship. At age 16, it was first learned this not his biological child. Despite the mother's claim defendant should not be permitted to disavow the obligations he had "voluntarily" undertaken, the judge found she had defrauded defendant with the intention of inducing him to pay for the child, when she knew it was not his. Consent given by virtue of fraud is no consent at all; and any action induced by fraud cannot be deemed "voluntary". Dellavecchio v. Hicks, New Jersey App. Div. March 31, 2006

ScottGem · Feb 6, 2009, 05:59 PM

Ok, so that would mean if the OP can prove the mother knew he wasn't the father, he might get out of it.

What if she knew he might not have been the father, but thought he was?

GV70 · Feb 7, 2009, 12:10 AM

Originally Posted by ScottGem

Ok, so that would mean if the OP can prove the mother knew he wasn't the father, he might get out of it.

What if she knew he might not have been the father, but thought he was?

Don't you think that she was obligated to say the truth she had unprotected sex with more than one man?