[confused_dad]

A child is born out of wedlock,legitimation papers are drawn up to give the father his rights, years later the father and mother get married,wouldn't you know it now we are ng divorced, which papers are now followed?

[confused_dad]

My son was born out of wedlock, He has since been legitimated so I would have rights to him.Then a few years later we got married, now we are through a divorce, his mother is telling me even though we have since been married, that the child support order from the legitimation still stands, I was informed that since we were married that order no longer stands... please help me

[cdad]

Legitimation papers were drawn up? Were they recorded and approved by the courts? If not they have no bearing. What is the outstanding issue surrounding the divorce? The newest orders of the courts take first place and old orders would be disgaurded.

[Fr_Chuck]

Please do not repost the same question twice I have merged your posts. If you have more info ( and we need a lot more) just answer your own question to add more info

"he has been legitimated" I will assume that means that you went to court and got a court order declaring you the father, and then the court issued custody papers, with child visit and also child support paper work.

Can I assume that when you got married, you did not file in court to have that child support order removed since the child was now living with you ?

So this is a yes and no answer, can the old child support paper work be valid, yes I can see where they could be, nothing in court is automatic unless you make filings. I can also see a judge overturning it, or allowing for a modification.

But either way you will now need to start paying child support once you are separated anyway. What you need to do is file in court for what level custody or visits you want, and to have child support re-visted.

[southerngal77]

What a mess that sounds. Ok let's see if I understand this correctly...
Your son was born out of wedlock and you thereafter legitimized him and that action resulted in a court order for child support awarded to the mother. Then at some point after that order was entered, you married the mother causing the court ordered support to become null and void since both parties were living with and caring for the child. Now you are going through a divorce and the mother is requesting the child support that was previously ordered under the legitimation process.

Now, first I would say please seek an attorney immediately. Second, I would think that by you marrying the mother the order was in fact voided and a NEW child support order would have to be drawn up. Cali is correct, if there has since been another court order for child support the newer order will be upheld.

[confused_dad]

As of this time there is no new child support order yet

[cdad]

What custody arrangement is there at this time? And is it court approved ?

[southerngal77]

OK, consult an attorney in regards to the matter ASAP to void charges in back support. Like Fr_Chuck stated, the courts could go several ways with this issue. If the order was not voided in the courts it is muddy water and the last thing you want is to have arrears.

[Fr_Chuck]

That is the issue, I am not sure that a marriage would in and of itself, null and void a child support order, it would a divorce order.

Same issue, even if the mother had merely given the father the child and the child had lived with the father for 4 years, the child support order is still valid,

The child was already his, and the marriage did not change any standing in the custody of the child, merely the living arrangements.

This is one for lawyers, a good attorney could agrue either side of it, and it may well depend upon the judge and his interpertation of the laws on this.

[cdad]

As I see it. The way many laws read. If the couple marries then any previouse custody arrangements are null and void because the "new" agreement ( marriage ) would take precident. From there it would start at square one provided there wasn't an anullment of the marriage. The reason being that an anullment can have many false grounds. So relief is sought by the courts to nullify a legal document. When living together and not married the old order would still apply. But in marriage it can not. If it could then the OP could seek child support against the mother of the child thereby canceling any child support. The order would have to work both ways. In the case of not telling the courts of a custody change as in a child changing the parent they live with. Then yes the old order is still in effect until a new order is created. We have seen this in California where a DA has pursued child support against a father after the mother had died and the children lived with him. So anytime a custody has changed the courts should be made aware of it. But marriage is a separate institution with seprate rules.

[Fr_Chuck]

Thus why the attorneys get the big bucks, if it was simple and easy no need for them, I would not go into it assuming anything, that is why he needs an attorney now, to file for new custody and/or visit and a new support order.