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mteechr · Nov 25, 2008, 11:17 AM

My son-in-law has wages and taxes attached for child support for a child that is not his. My daughter is very frustrated and says they even take her tax money. They have the DNA test to prove that the child is not his, but the family court said it was not court ordered and will not accept it. Now they will not order it because the child is over 2 years old. The son-in-law has not seen the child in the last 3 or more years. Can anything be done to stop the support?

Fr_Chuck · Nov 25, 2008, 11:23 AM

Very likely no, the law in the US is a state by state law.

1. is he listed on the birth certificate ?

2. labs not approved by the court are wothless for legal purpose

3. in some states if you are listed as father on birth certicate and do not contest it within a certain time frame you can not contest it.

4. also in some states even if you are not the bio father, but have acted and lived as the father for a certain time frame you can still be forced to pay child support.

Also has he ever hired an attorney and filed a motion with the court to stop the child support.

And when did the child support start ?
Why did he not contest it in court then >

And why has he not seen the child in 3 years, he should have visit rights

mteechr · Nov 25, 2008, 11:36 AM

Um, yes, he is on the BC that is what ha caused us most of the problems

We did get a lawyer & she was an idiot, son-in-law had to ask the judge himself for a DNA & it was denied

She didn't tell us we had 2 yrs to appeal it

He hasn't seen the child because the mother wouldn't let him

He didn't try to fight it though

Should he just sign the papers to allow the mom's husband to take over rights?

It will wave his rights and his order to pay support, but we are told they still have to pay $12,000 in back pay!

mteechr · Nov 25, 2008, 11:37 AM

Ooops. I forgot to mention we are in California. Does that make a difference?

Fr_Chuck · Nov 25, 2008, 11:52 AM

HUMM did not know California had the two year, I would get a second attoreny, a real killer in child support, someone that does nothing but that.

Let them review it first.

But to stop future payments, ahd he does not want to remain a part of the child's life, sign away and let the new husband adopt. I would see if my new attorney could get the past support reduced or forgiven.

I would not let one no from a judge with a bad attorney stop me until I checked with a second.

We have a couple attorneys on here, from California, they may have better advice in a day or two.

cjonline · Nov 25, 2008, 11:53 AM

It always makes a difference what state you live in.

That being said... Does the mom's husband want to adopt the child? If so sign the papers and then the legal father becomes the mom's husband. He may want to ask the mom to "forgive" the back support in favor of signing the papers. I don't like in this because everyone has to lie to the court and say it was paid in full and the Judge will sign off on it. Most people don't have a problem with it though and given that he is not the true father of the child the mom might not have a problem saying he doesn't have to pay the support. If everyone doesn't agree then it won't work.

If he is or was attached to the child and was the "father" at one time... does he have an interest in seeing the child now? If he is paying support doesn't he have visitation rights too. They don't always go hand in hand but they most likely were ordered at the same time. If not he could always go back to court and ask for them.

stinawords · Nov 25, 2008, 12:21 PM

If they file joint tax returns the obviously her tax return will be taken as well as his. If she wants to stop that from happening there are a couple ways to get around it. The first way is to file separate tax returns they would each file and do so under the "married filling separately" part. The other way is to file jointly but she would also have to file a damaged (sometimes "injured") spouce form along with it.

mteechr · Nov 25, 2008, 01:01 PM

Cjonline, How would we have her "forgive" the backpay?

cjonline · Nov 25, 2008, 02:11 PM

Your attorney would have to file the paper work for the termination of support.

She, the mother, would have to sign the paperwork and during a court date the Judge should ask her if the back support was paid directly to her in full and she would say yes, the Judge might advise her that she can't ever get that money again and all support will stop from that time on and she would have to agree. This was after the adoption was granted.

You have to have an order from the judge to give to others to stop the payroll deduction and the tax interception.

It's best to get an attorney for this it's not something you can do yourself. You have to have an attorney for any adoption anyway.

This is how it worked for a friend of mine; it might not work that way where you are but its worth looking into. Also it was done at the adoption hearing so there wasn't a need for two hearings. The deal that my friend worked out the her ex ahead of time was that he had to pay all the attorney fees for the adoption in advance (so she wasn't stuck with the attorney bill after it was all over) and she "forgave" the $15,000 in past due support he owed in court after the adoption.

You do need an attorney for this. You will also need the mom to agree to it all and her husband to adopt the child.