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tg52 · Dec 10, 2009, 11:22 AM

Hello,

I live in Wisconsin and have been in a relationship for going on a year. My Boyfriend is still married and has been separtated from his wife since Dec 2007, because of her cheating on him. He pays child support for his biological child. To top it all off she got pregnant in March of 2008 with another mans baby. Also since June 2009 his biological daughter is living with us 5 days a week and only with her two days a week and of course we have to drive 45 minutes Friday and sundays to take his daughter there and pick her up. Mom won't do it. Now our child support agency is going after my boyfriend for child support for this child that she had that is not his, although, today after court he took a paternity test. Sorry this is so confusing, I am frustered and so is he. We raise his biological daughter, he does not have anything to do with this child that she had while after they separated. We pay for everything for his biological child, on top of child support. He is to broke to get an attorney to fight this. Help

jaime90 · Dec 10, 2009, 01:47 PM

They are legally married, I'm sure this is why they are asking him about child support- because he is her husband. I'm not quite sure what your question is..

tg52 · Dec 10, 2009, 01:52 PM

The child is not his, can the courts still make him pay. Since it was not his fault she had an affair around on him.

ScottGem · Dec 10, 2009, 01:53 PM

First, please pay more attention to posting guidelines. There is a Read First sticky at the top of the Children forum (where this was moved from) which directs questions of a legal nature here.

Second, If he was married to her when the baby was born, then he is the legal father unless proven otherwise.

Third, if you have his daughter during the week and the mother has her on weekends then he is the custodial parent and she should be paying him support.

He can't afford NOT to have a lawyer. A lawyer will pay for himself by saving him the money he would wind up paying in child support without a lawyer. So he pays for the lawyer now or pays for support later.

tg52 · Dec 10, 2009, 01:56 PM

Also, what can you do to not have to pay support to the mother since she is not taking care of his daughter, we are. Mother only wants her for the money. sorry about the confusion.

tg52 · Dec 10, 2009, 02:04 PM

Thank you ScottGem... I am new at doing this and I am complete computer idiot. He will get the results for the paternity test in about 6 weeks, but he wasn't with her and the child isn't white, he is half black/white. Same as the person she was having the affair with. The soon to be Xwife is not a nice person and lies, and will do anything to get her way. Like I said she wants his daughter for the money. Thank You Again.

ScottGem · Dec 10, 2009, 02:06 PM

Again, if he was married to her then, by default, he may be the legal father.

What you need to do is go to court to have him removed as the legal father. You also need to go to court have the child support changed.

To have a good chance of changing these things, it would be better to have a lawyer.

By the way, you don't have to be a computer genius to read something first that says read first. There are reasons for these instructions.

tg52 · Dec 10, 2009, 02:17 PM

Thanks Again, we will check into a Lawyer. Will keep you posted. We are big into the Renaissance.

this8384 · Dec 10, 2009, 03:08 PM

Originally Posted by tg52

Thanks Again, we will check into a Lawyer. Will keep you posted. We are big into the Renaissance.

I'm in Wisconsin and I know someone who has personally been through this within the last few months.

Your boyfriend needs to show up at court to contest paternity. The courts will order a DNA test and when it comes back that the 2nd child is not his, he will not have to pay support for said child. No attorney is needed.

And as Scott said, he needs to file a motion to have child support and physical placement modified.

EDIT: I just caught that you stated a paternity test has already been done. The test must be court-ordered or it will not hold up in court.

cdad · Dec 10, 2009, 04:45 PM

When he goes to court to change the child support for his daughter he will need to change the custody first otherwise if he doesn't change that then he can't change the other.

tg52 · Dec 11, 2009, 10:03 AM

Thank you for all the tips and advise,
This is a tough situation so nice to have a website.
The paternity was ordered by the court yesterday,

this8384 · Dec 11, 2009, 10:06 AM

Originally Posted by tg52

Thank you for all the tips and advise,
this is a tough situation so nice to have a website.
the paternity was ordered by the court yesterday,

Fantastic :) Once the test comes back, the court won't force him to pay support and the mother (should) have to repay the costs of the testing.

Next is to file a motion for placement change. Include with the paperwork that the daughter has been residing primarily with you since whatever date it started.