[curiousstepmom]

My husband now was in a previous relationship on and off for a year 12 years ago with this woman. He found out she was pregnant but she stated that the child was not his and not to worry about it. She told him that it was another man's child that she was seeing. The child has this man's last name. She is now married to another man. And 12 years later she has reached out and now wants to put my husband on child support. We took a paternity test and confirmed paternity. He has no problem paying child support and acknowledging paternity. He is ready to try and bond and create a relationship with his son. My question is he resposible for the 12 years that he never knew about this child.

[ScottGem]

Any question on law needs to include your general locale as laws vary by area. If the other man acknowledged paternity, its possible he is the legal father. Its also possible, depending on local laws, that your husband has no legal obligations. Or it could be just the opposite.

[Fr_Chuck]

If the other man is listed on the birth certificate or has adopted the child ( how else could he have this last name ?)

It is very possible that they can not even force him to pay support,

Also normally no there is not back pay, just from date originally filed

[curiousstepmom]

Thank you for the advice. As we just confirmed he is the father this past August we have no idea on who she listed on the birth certificate. We only know that the child uses the other guy's last name.

[curiousstepmom]

Sorry. We reside in New Jersey.

[ScottGem]

Thank you for the advice. As we just confirmed he is the father this past August we have no idea on who she listed on the birth certificate. We only know that the child uses the other guy's last name.

Well you need to find out this information. The first you need to know is who is the legal father. Before the mother can try to get support from your husband, she needs to have the legal father changed. And that may not be possible at this point depending on where the mother and child live.

Does the mother and child also live in NJ? Under NJ law whoever has been deemed the legal father cannot overturn that finding unless there is "clear and convincing evidence of: fraud, duress or a material mistake of fact, with the burden of proof upon the challenger;" (New Jersey Paternity Law Summary - Paternity Laws - Paternity). So its possible the mother or current legal father cannot overturn legal paternity.

[curiousstepmom]

How can we find out who she listed as the legal father? Right now we are currently not on speaking terms with this woman. Yes. The child and his mother also reside in NJ. Thanks in advance for your help.

[Fr_Chuck]

Well someone has to be speaking or at least filing in court.
Was the DNA test court ordered, if so petition in court for information about the child's birth certificate

[ScottGem]

You said in your original post that she wants to put your husband on child support. Has she filed anything in a court? Was the DNA test court ordered?

I hope he didn't volunteer a DNA test and I hope he hasn't signed or paid anything.

[curiousstepmom]

The paternity test was not court ordered. We paid for it out of pocket and did it on our own. She said she was going to file the court papers. We have not gotten anything in the mail yet. He has not paid anything. We did however purchase some items that she had asked for.

[ScottGem]

Did you give her those items? If not, then don't. If the test was not ordered by the court, it likely has no admissibility. You should have told her to file and have the court order the test. Then once the results were gotten he would decide what to do.

[curiousstepmom]

Yes. He needed the items for school. So we gave it to them. I guess we will just havae to wait and see when we get served the court papers. I guess I will just tell my husband to also take the court ordered paternity test as well. Thanks for the advice:) Have a Happy Holiday!

[jellybeans80]

How did this get resolved? I'm going trough pretty much the same thing with my husband and it's in New Jersey.

[ScottGem]

How did this get resolved? I'm going trough pretty much the exact same thing with my husband and it's in New Jersey.

Please don't revive older threads. If you have questions please start your own thread. This one is now closed.