[MrsA0327]

My husband was married before; I'm his second wife. Well they had a child, and 8 months later they divorced. Throughout their marriage, his ex-wife told him numerous times that the child in question wasn't his, the child doesn't even look like my husband. I don't know why he didn't just do a DNA test right then and there, but hindsight is 20/20. Fast forward to now. He gave up rights to the child, and the attorney said that he wasn't liable for back child support, that she contacted the state about it and he didn't have to. Well my husband forgot about it. A week ago he got a letter in the mail from the state about the back child support, and that he had to appear in court (tomorrow). He's stressing out about it because the attorney said it was taken care of. I told him to request a DNA test since he was told the child wasn't his, and he doesn't believe the child is his. Any thoughts, or advice?

[JudyKayTee]

What State? I've never heard of someone giving up rights to a child without an adoption... and having an Attorney confirm that decision.

Or is the State talking aobut benefits paid for the child and now they are looking to him for reimbursement?

He was married when the child was born? That's a whole different question.

[tickle]

My thoughts are the child was born in wedlock making the child his responsibility. So yes, he should appear, stop stressing and regret that he didn't deal with it all at the time it surfaced. I guess it wasn't taken care of.

[AK lawyer]

... the attorney said that he wasn't liable for back child support, that she contacted the state about it and he didn't have to. ...

The attorney that was working on the adoption paperwork? The moral here is not to rely on advice given you by someone else's attorney. He can hold the mother to what her attorney said (if he can prove it), but this attorney clearly didn't represent the state.

[MrsA0327]

As I said in my previous question I posted on here, my husband has to go to court for back child support and is looking at a 180 day jail sentence. My husband and his ex were married when the child was born, but divorced shortly after (we live in TX). My husband doesn't believe that said child is his because his ex has told him on numerous occasions that the child is not his. Also, the timeline doesn't add up. My husband was out of state on business when the child was conceived. Why he didn't ask for a DNA right then and there is beyond me. Fast forward to now. My husband went to his second court date today, with his attorney, and they're requesting a paternity test be done. My husband just wants this to be done and over with, because he is highly certain the child isn't his. Well, it's getting late and I haven't heard from my husband yet so I'm getting worried. Could requesting a DNA test be too little too late? Are they going to put him in jail?

[cdad]

If he's not paying child support but has been requested to by the courts. Then yes he can go to jail even if he requests a DNA test. Its not a get out of jail / childsupport free card.

[ScottGem]

First, I merged your two threads. If you had posted a reply to the original thread you wouldn't have had to repeat so much info. Any further followups should be posted as a Reply or Answer to this thread.

So lets look at the facts. The child was born during their marriage. Therefore, he is the legal father. He can't just sign over his rights, only a court can terminate parental rights and they are very reluctant to do so. Also TX only terminates rights, not responsibility. That means he would still be responsible for child support unless the child was adopted by someone else. As AK said, he apparently relied on the word of his ex-wife's attorney, not a smart thing to do.

Now you posted 3/20 that he had to appear tomorrow (3/21). So what happened at that hearing?

So now I'll tell you what I think happened. The ex filed for public assistance. Social Services told her she has to file for child support from the legal father. So she did, but she either didn't tell or lied about his whereabouts so he was never informed of the filing. Now fast forward (x) years and they finally find him and are pursuing child support.

I doubt if he will go to jail (how do they collect if he's in jail?) but it may be too late to challenge paternity so he may be stuck for support.

Has he engaged an attorney?

So let us know what happened at the hearing and any other info to contradict or confirm my guesses. We can then try to help further.

[J_9]

I doubt if he will go to jail (how do they collect if he's in jail?)

Many states do jail dead beat parents. I know of several in both Michigan and Tennessee who have been jailed due to non-payment of support.

[ScottGem]

Many states do jail dead beat parents. I know of several in both Michigan and Tennessee who have been jailed due to non-payment of support.

And well they should. But this is not a case of a parent dodging support. This is a case of a parent misled (it appears deliberately) into believing he wasn't responsible for support. If the law says he's responsible and he agrees to pay, I doubt if he will go to jail.

[Fr_Chuck]

Yes, are you sure an attorney said that no support would be owed? What type of legal process was being done ? If there was to be an adoption, perhaps adoption did not go though for some reason. But almost never can a man just give up his rights and not owe support, it does not work like that. I can't believe an attorney would have actually said that.
And for it to have happened, a judge would have had to sign it, so he would have been in court.

[ScottGem]

One other point to make. I assume everything you are telling us is what your husband has told you. So all you have is his memory and word on what happened. I suspect that memory is faulty. You really need to get transcripts of what actually occurred before knowing how to proceed.