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auddi5k · Oct 23, 2008, 06:53 AM

A co-worker was in a relationship w/ a woman, she became pregnant. Thinking he was the father he signed the birth certificate. Then it comes out that she was seeing another man and he could possibly be the father. My co-worker paid out of pocket to have a paternity test done. Results were 100% not his child. Now the state of WV is trying to come after him for back child support. He has not been in this child's life at all since it's birth. My question is, is he still required to pay child support for a child that has been proven not to be his? Is there a law about "bastardizing" a child?

stinawords · Oct 23, 2008, 07:16 AM

How old is the child? Most states have a statute of limitations on how long after you sign the because that you can contest it. As of right now yes he is still required to pay support because he is the legal father of the child. He would have to go to court and petition the judge to order a DNA test (they only accept court ordered ones) and hope the judge will grant it. The other thing he might run into is that because he signed it still might not alter his support especially if the child is past the age of SOL. If not then he could be released from support and removed from the because.

ScottGem · Oct 23, 2008, 07:23 AM

When he got the results of the paternity test did he petition the court to have his name removed from the birth certificate?

If not, he may be considered the legal father. He NEEDS to consult an attorney to deal with this. Once he signed the because he acknowledged that he was the legal father. As Stinawords said, there is a time frame in which he has to protest this. If he has not removed his name from the because in the proscribed time, he may be stuck.

auddi5k · Oct 23, 2008, 08:35 AM

Unfortunately the child is now 13 years old, which is most likely past the time frame. The biological father IS active in this child's life and he recognizes him as his father. He has contacted free legal aid and they have basically told them they can't help him.

ScottGem · Oct 23, 2008, 08:57 AM

Can't help him because he's stuck or because he makes too much money or what?

This is a case where if he doesn't pay for a lawyer he's going to be on the hook for child support. One possiblke way out would be for the bio father to adopt the kid.

auddi5k · Oct 23, 2008, 09:11 AM

He definitely doesn't make too much money to be considered for help. I will relay the information for him. I do appreciate your help on this.

stinawords · Oct 23, 2008, 09:40 AM

If it isn't because he makes too much then it would basically be because he waited too long and thirteen is waaay past the usual two year mark (for saying oops I shouldn't have signed). If the bio dad wants to adopt then that is always a possibility as Scott pointed out. Or the bio dad can go to court to petition the judge for a DNA test because in that position there is a longer statute of limitations.