I'll try to make this as short as I can :)... My fiancée was 16 when his 33 year old ex got pregnant she was married at the time of this child's birth. I know that Florida law states that the husband is the legal father. However in the divorce papers it states that he is not the biological father and not responsible for the child. Can my fiancée still use this in court regardless of the divorce papers? He was 18 when child # 2 was born he believes he is the father of him just really questions the paternity of the first child. He has a court date in a couple weeks for child support but has never been proven to be the father of either children. The mother of these children signed off any want/need for child support about 2 years ago. However about a week or so before that court date she applied for hud (lying about everything on her financial affidavit) so shortly after the court date to dismiss the need for child support he got another subpoena to attend a trial for child support. How can she do this when she already denied want/need of support?. all the paperwork is dated and processed before the original court date. This women feeds of the state aid she is in no way "in need" she just refuses to work her $16/hr job for more then a day or two a week because then she obviously won't qualify for all the state's program.. Don't we all wish we could live for practically free.. we have no problem supporting the children(if they are his) but we just don't want to give her more money to feed her luxuries. What can he do in court to get it proven that he is the father and to show the judge this woman's true colors because eventually we would like to fight for custody of his son.

He requests DNA testing - it's as simple as that.

As far as showing her true colors to the Court, get proof that she is unfit to mother the children. Accusations aren't going to work; he needs evidence.

He is required by law to support his children. If "she" refuses the money he should place it in a bank account, proving that he had every intention of supporting them. That account would then be ordered turned over to her by the Court.

She cannot legally "sign off" on child support so I don't know what you mean by that.

Also, if she is receiving State or Federal aid, the State or Feds can come after him for reimbursement.

What state is this ? It may make a difference.

Florida

She signed a voluntary dismissal of the petition for support

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Originally Posted by nicolen1130

She signed a voluntary dismissal of the petition for support

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But that is not binding on the state if they have to pay for support of the child.

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Originally Posted by nicolen1130

She signed a voluntary dismissal of the petition for support

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That makes no difference - who is attempting to collect support? In some States you CANNOT waive your right to child support. The fact that she dismissed the petition for support does NOT mean she waived her right to collect support.

More info is needed.

I will give you an example of what is happening in Georgia right now

A man was married to a women, the women got pregnant by another man.

The women collected welfare. The man never went to court to challenge with DNA tests.

Years latter, the state catches up with man, and says he ows 10's of thousands in back support.
In court he proves he is not the father, but the court does not care and he is ordered to pay all the back support but no future support.

He starts making payments but loses his job. So he is put in prison for not paying.

He is trying an appeal right now in court

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Originally Posted by nicolen1130

I'll try to make this as short as I can :)...My fiancee was 16 when his 33 year old ex got pregnant she was married at the time of this child's birth. I know that Florida law states that the husband is the legal father. However in the divorce papers it states that he is not the biological father and not responsible for the child. Can my fiancee still use this in court regardless of the divorce papers? He was 18 when child # 2 was born he believes he is the father of him just really questions the paternity of the first child. He has a court date in a couple weeks for child support but has never been proven to be the father of either children. The mother of these children signed off any want/need for child support about 2 years ago. However about a week or so before that court date she applied for hud (lying about everything on her financial affidavit) so shortly after the court date to dismiss the need for child support he got another subpoena to attend a trial for child support. How can she do this when she already denied want/need of support?..all the paperwork is dated and processed before the original court date. This women feeds of the state aid she is in no way "in need" she just refuses to work her $16/hr job for more then a day or two a week b/c then she obviously won't qualify for all the state's program..Don't we all wish we could live for practically free..we have no problem supporting the children(if they are his) but we just don't want to give her more money to feed her luxuries. What can he do in court to get it proven that he is the father and to show the judge this woman's true colors b/c eventually we would like to fight for custody of his son.

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Ok, the reason I asked for the state is because your fiancée was involved in a felony rape according to Florida Law. He needs to seek charges against this woman. If there is a conviction for felony rape he may not be liable for support no matter what the DNA test says. More importantly he will need to seek custody of his child / children when it comes to it. What had taken place is against the law and in many states there is no SOL ( statue of limitations ) on sex crimes involving a minor to this degree.

He needs to talk to a lawyer and proceed with this through the courts. This is NOT some kind of game.

References:

Florida - Age of Consent


Ages of consent in North America - Wikipedia, the free encyclopedia