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mommyoftwins200 · Jan 22, 2009, 03:20 PM

I have twin daughters who just turned 1, I have my first court date in Feb for child support. Their father married the woman who he cheated on me with and had a son, I haven't seen him since I found out I was pregnant nor have I talked to him, he denies his daughters. I was wondering what will happen at my first court date with him, he lives in Florida, are they going to make him show up for it also, will the judge demand a paternity test and then come back for another court date? What happens if their father doesn't show up? I am so nervous, I am not looking forward to seeing him, I really don't even want him in our life but I need the money for them desperately.

hoightoider · Jan 24, 2009, 11:45 PM

If you were legally married when you got pregnant, then he is the father. The judge wouldn't order a DNA test because the results would be immaterial.

stevetcg · Jan 25, 2009, 06:21 PM

Like the above poster said, he already is their legal father so further testing is moot. If he doesn't show up to court you will get a default judgement and he will be assessed child support around 21% of his base salary. Bring any tax returns you have of his. That will help determine the amount. I am assuming you filed jointly when you were married.

There will also be a custody hearing where you will presumably be granted full custody and if he isn't there to ask for visitation, he won't get any.

Fr_Chuck · Jan 25, 2009, 06:46 PM

It sounds like you don't have an attorney, you need one. In court they will rule or schedule a hearing on all of the motions you and he has filed. If he is listed on the birth certificate he is the father, if not, the court may require a DNA test, if they do, you will have to make a motion for one if he does not ask for one to deny being father.

So you will discuss the child custody motion, and the child support motions and the child visit motions that have been presented to court.
He may order you to go and try and work it out,

ScottGem · Jan 25, 2009, 06:53 PM

First any questions about legal issues go in the Family Law forum where I've moved this to. The Children's forum is for questions about dealing with children.

Do you have an attorney?

cdad · Jan 25, 2009, 07:05 PM

What state are you in ? Also do you know if the issued a bench warrant for him to appear ?
Before anything can happen there are steps to be followed so its possible this may take multiple court dates.. maybe 3. They may also consider ( as in some states ) that he has another child when they calculate child support. Yours being "first" and since he is married there may be some offset to his calculated expense for the third child only. Once you have filed then he should be made to pay support from that day forward if he is proven the father. That means he will start in arrears. The longer he ignores this the worse its going to be for him. Worst case for you would be they transfer the case to Florida for collection so they may prosecute to the fullest extent should he not co-operate.