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gladney · Apr 19, 2006, 10:32 PM

Last year I was sue for child support for a child that her mother told me wasn't mine. The kid is 14 yrs old and live in killeen Texas I live in Nevada. We took blood test and she is mine. However she grew up with another man and his family who she has always known as her father. Her and I both found out about each other when I was served with support papers. Anyway now her mom is sueing me for back pay how is that fare and what legal action should I take because I will not just take this I have a family and this has already caused problems in my marriage we have children 13,12,10, and 7 years old.what advis can you give me.

fredg · Apr 20, 2006, 04:30 AM

Hi,
Is her Mom part of the family she has been living with? Did her Mom turn her over to this family? I don't understand the question fully.
Sounds like this person is only after money, after all these years. Her chances are not good, but if you really are worried, I would consult with a Lawyer. It shouldn't cost too much, ask the cost, to just talk with one.

Fr_Chuck · Apr 20, 2006, 02:50 PM

First law and legal is not fair, I have seen fathers who actually had the child living with them but the courts would not give them custody and they still have to pay child support to the ex.

So what you need is the best divorce/child support attorney you can afford.

But basically if you are the father, you will have to pay child support.
Since the women lied to you ( if you can prove it in court) but you may well have to work out and negotiate all of the past child support. Does not matter that she had someone being the "father" and paying the bills.

So hire a good attorney, and yes it will cost a lot for a good attorney, expect somewhere about 5000 retainer to start with.

And if the blood test proved you are the father, she has a great case, almost no way at all to loose at least current child support payments until the child is at least 18 and longer if the child goes to college. Also they can look for medical insurance coverage for the child and other out of the pocket medical bills to be paid by you.

Hypatia · Apr 20, 2006, 11:51 PM

Ditto about hiring the best you can afford!!! I cannot say this enough. Texas is a hard state to go to court in. It is one of two that will allow interest to build on child support owed. What might be a back support of only $20k can end up being $25 in a matter of moments.Texas is stiff on child support law in ways but completely lax on others.
Call a free attorney there in her town and get a bit of free info while you search for the best representation you can afford there.
You might be able to argue the fact that she lied by using the amount of time she took to file as proof. If the lawyer can use the fact you never knew the child, you didnt know till the day of the blood test she was yours, you have had no relationship with the child, as a factor, you might get out only owing from the day the results of the blood test came out.
But from there you do have to take responsibility to some degree. This child may not call you dad but you still are dad. Her mother was so wrong and a bad parent from keeping you from each other. But now you know and at least you can be this childs friend and support her as much as you can.

Hypatia