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-   -   Do I have to pay support (https://www.askmehelpdesk.com/showthread.php?t=764833)

  • Aug 29, 2013, 05:23 PM
    d_k985
    Do I have to pay support
    Ok a me a girlfriend at the time was together she got pregnant me and her broke up...

    She got married while pregnant to a man I hadn't heard from her in 6 years out of the blue she finds me on Facebook wanting me to be in child's life I hesitated and I do mean I contiplated because he had known this guy as dad all this time... so I saw him for 3 months and she said I am moving to Texas after 3 months of finally bonding w child supposedly the ex husband signed his right over... I live in Indiana so now after 2 years she says she poor and her boyfriend that she moved to Texas w broke up she is back and now she is asking for money and threatening to go to the courts... I don't want to go through the courts at this point I don't want to see this child because of the damage it caused the last time...

    Guess the question is can she come after me for support after this guy was father and married her while pregnant.. and signed birth certifcate and could he had actually gave his rights up to her...

    What's the process and steps somebody please help me w answers thank u
    If you have an answer please
  • Aug 29, 2013, 05:39 PM
    cdad
    The husband is the legal father at this point and that is who would be pursued for child support until the legal status is changed. When a couple has a baby the presumed father regardless of DNA is the husband.

    Now there sometimes is room for a challenge. But for now she can't come after you.
  • Aug 29, 2013, 06:34 PM
    ScottGem
    Yes you DO want to go to court. You want the court to order a DNA test to confirm you are the bio father.

    The problem here is with all the moving around it's hard to tell what state has jurisdiction so what laws apply. What is clear is that the man she was married to at birth is the legal father. He cannot sign over his rights. So you would argue in court that since he is the legal father, he is the one who is responsible for support.
  • Aug 29, 2013, 06:42 PM
    N0help4u
    You mentioned twice that he gave up his rights. What does she mean by gave up his rights?
    He can't just sign something that he no longer wants to be a father.
  • Aug 29, 2013, 06:49 PM
    Alty
    I have the same question NoHelp does. How did the presumed father, the ex husband (I'm assuming he's the ex because she also had a boyfriend in Texas) sign over his rights?

    That isn't done unless someone else is stepping up to adopt the child. You can't just decide you don't want to be a daddy, you don't want to pay support, so you sign over your rights. It isn't done.

    So how did the ex accomplish this?
  • Aug 29, 2013, 08:52 PM
    d_k985
    Well unfortunately I am just going by what she told me right before she left for Texas 2 years ago she is now back in Indiana giving me a sad story that she is living in a motel she can barely feed him etc...

    Now I am not denying the kid is not mine but I really feel in best interest I do not see the child or deal with her I don't want to mess w this child head as damage is already done when she left 2 years ago
  • Aug 30, 2013, 03:06 AM
    ScottGem
    I'm not so sure you wouldn't do more damage by letting the child live in the environment he is in than trying to be a part of his life. But that's a question for another forum.

    I stand by advice that you get paternity legally established first, And then the legal father will be responsible for support.
  • Aug 30, 2013, 03:54 AM
    cdad
    What state was the child born in?
  • Sep 8, 2013, 03:12 AM
    GV70
    Quote:

    guess the question is can she come after me for support after this guy was father and married her while pregnant.. and signed birth certifcate and could he had actually gave his rights up to her...
    Yes- There is a strong biological presumption according to Indiana laws. The marital status is not regarded there.
  • Sep 8, 2013, 03:31 AM
    Fr_Chuck
    So yes, she can come and get child support, depending on where the case is heard. Also, was husband on birth certificate, and what "rights were given up" sounds like all lies and stories by women.
  • Sep 8, 2013, 02:22 PM
    AK lawyer
    Quote:

    Originally Posted by GV70 View Post
    Yes- There is a strong biological presumption according to Indiana laws. The marital status is not regarded there.

    Please clarify. Are you saying that Indiana does not presume that a husband is the father of children born to his wife? In that case, what is the presumption to which you refer?

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