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ScottGem · Aug 27, 2007, 10:05 AM

Originally Posted by macksmom

Oh....and the 60 days is merely a guideline for everyone, a general rule. Once there is DNA proof that the person who signed the birth certificate is not the father, thats all they need to get it corrected at any time.

That's actually not totally accurate. After a time that is determined by local law, if a person voluntarily signs the because they that person is deemed to be the father, even if a paternity test proves otherwise after that time.

Also, while DNA tests are expensive there are other tests that might elminate but not confirm paternity.

macksmom · Aug 27, 2007, 10:05 AM

Yeah well unfortunately its not about what's best for her, or what's best for your family... its about what's best for the child. The child needs financially supported... and I am sure with you expecting, you are seeing just how expensive it is.

That's why my suggestion would be for you and your husband to go to court... do the DNA test, because you never know, she may have broken up with this last guy and us just trying to find someone that could be the father... there is that chance that he may not be. But if he is, I would have it all set up through the courts. Its just easier that way.

mcrofoo1 · Aug 27, 2007, 10:36 AM

He has already done the at home test... She is his. The other guy kicked her and the baby out because she lied to him for the last 10 months and he didn't even know about the other man (my husband).

mcrofoo1 · Aug 27, 2007, 11:19 AM

Talk about putting your body through severe stress while in your third trimester.

s_cianci · Aug 28, 2007, 04:23 PM

Any "contract" or "agreement" to the effect of not seeking child support would never be recognized by any court. The parents do not have the right to deny a child financial support. The only real out for your husband is to try to avoid having the paternity test done, thereby never proving that he is the father. Once he is proven to be the father, the mother can and probably will take him to the cleaners.

s_cianci · Aug 28, 2007, 04:24 PM

Originally Posted by mcrofoo1

That's not what I asked. She has stated that she doesn't want it but if for some reason five years down the road she changes her mind can she ask for back child support? In legality can she sign something that says I didn't want it. So that we aren't slapped with back support even though she stated that she didn't want it. I understand they are looking out for the childs rights when it comes to money but we plan on taking care of this child also. So we will be spending money to provide for her also.

Yes and no to your questions, in that order.

s_cianci · Aug 28, 2007, 04:28 PM

Originally Posted by mcrofoo1

Well in the case of my husband she actually makes more money than he does. His income however is supporting me and our soon to be newborn daughter. If she tries to take child support from him I will be forced to return to work. We had planned for me to be a stay at home mom to raise our daughter but now it doesn't look so good.

Then be sure to apply for a credit for his other child (your as-of-yet unborn daughter.) That'll lower the amount of child support he'll have to pay.