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MichelleG06 · May 6, 2009, 06:34 PM

My husband was giving his exgirlfriend cash per her request for child support. When we got married and bought a home she filed child support on him. After going to the attorney generals he was informed that she lied about everything stating we never gave her anything and wanted 4 years back support, this was in 2005. He was informed that the birth cert showed father unknown and he walked out. Now she is threatening again after he has continued to do for his daughter but he refuses to go to the courts due to she wants back support after he was paying cash. I know cash is a no no but that's already done. The daughter is now 17. Any advise out there? We have two children and he is bull headed but again we don't know what to do without being taken to the cleaners.

cadillac59 · May 6, 2009, 06:43 PM

What state are you in?

MichelleG06 · May 6, 2009, 06:45 PM

Texas

MichelleG06 · May 6, 2009, 06:47 PM

Originally Posted by cadillac59

What state are you in?

Texas

Fr_Chuck · May 6, 2009, 07:15 PM

Ok, being on the birth certificate has nothing to do with oweing child support, if there is a court ordered child support order in place he has to obey it. Or he will owe back support, can lose his drivers license and go to jail.

So
1. is there a court order for support

2. unless you have reciepts of the support he paid, he never paid it, without proof it never happened to the court

ScottGem · May 6, 2009, 07:15 PM

Most states do not allow back support prior to the date of filing. Walking out of court was not the smart thing to do I'm surprised the judge didn't rule in the mother's favor by default.

What happened after he walked out?

MichelleG06 · May 6, 2009, 07:21 PM

Originally Posted by Fr_Chuck

Ok, being on the birth certificate has nothing to do with oweing child support, if there is a court ordered child support order in place he has to obey it. or he will owe back support, can lose his drivers license and go to jail.

So
1. is there a court order for support

2. unless you have reciepts of the support he paid, he never paid it, without proof it never happened to the court

No court order it was the attorney generals office. They have never served him with anything other than a letter to come in and discuss the case. When he went in for what they call "interview meeting" to try to come to an agreement he was told that they have no proof that he is the father to serve him. They asked if he would sign something to agree that he was the father but when he saw where she was going with it all he walked out.

MichelleG06 · May 6, 2009, 07:28 PM

Originally Posted by ScottGem

Most states do not allow back support prior to the date of filing. Walking out of court was not the smart thing to do I'm surprised the judge didn't rule in the mother's favor by default.

What happened after he walked out?

Nothing happened it was not court only the attorney generals office. We spoke to an attorney who informed him that with no proof of him being the father he must first agree or they have to get him for a pat. Test. He has never been served. It sucks because he tries to do the right thing but she always wants more and more. What I'm afraid of is it went so long with nothing and now 4 years later. I know he should not of gave her cash but she requested it and everything was fine for years up until we got married. I understand his side but I understand also he should take care of his daughter. Don't get me wrong he has. He was paying the mom and we bought everything she needed personal stuff, school stuff every year, gave her spending money, paid for her cell phone and so on. Im so stressed out over this.

Fr_Chuck · May 6, 2009, 07:29 PM

Then they will order him to take a DNA test to prove he is the father, that is a very simple thing to do in court

ScottGem · May 6, 2009, 07:32 PM

This is odd. The thing in the AG's office was obviously informal. It would have been up to the mom to go to Family Court to pursue this. It seems she never did.