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mom101? · Jul 29, 2011, 07:22 AM

In TN can a woman file for child support on a man that didn't know anything about the child and she claimed it was another mans baby and even gave it the other mans last name? Now 2 and half years later she is threatening the guy who had no idea?

JudyKayTee · Jul 29, 2011, 07:52 AM

Sure. He's the father. She goes to Court and requests child support. The Court orders DNA. If he IS the father, he's ordered to pay child support - he also is entitled to visitation.

She CANNOT collect from the time the child was born. She CAN collect ongoing support.

What part do you play in this - mother, father, grandmother?

mom101? · Jul 29, 2011, 07:55 AM

Im the girlfriend of the guy that had no idea about the kid. They dated a little bit before we started dating. We have been together almost 3 years and now have a child together.

JudyKayTee · Jul 29, 2011, 07:56 AM

If he's the father, he's going to pay. This must be a shock but that's how it works.

I'd tell her to stop threatening and go to Court - get it decided one way or the other.

mom101? · Jul 29, 2011, 08:05 AM

We have decided that its best going through court but what happens about the other man. He claims the kid and it has his last name and he signed the birth certificate. Does that mean anything?

AK lawyer · Jul 29, 2011, 08:17 AM

Originally Posted by JudyKayTee

...
She CANNOT collect from the time the child was born. She CAN collect ongoing support.
...

As I recall, Tennessee does allow retroactive CS.

Originally Posted by mom101?

We have decided that its best going through court but what happens about the other man. he claims the kid and it has his last name and he signed the birth certificate. does that mean anything?

The DNA testing should be conducted for him too. If it is proven that the man on the BC is not the father, he would have no rights or obligations with respect to the child.

mom101? · Jul 29, 2011, 08:19 AM

What is retroactive cs

AK lawyer · Jul 29, 2011, 08:22 AM

By "retroactive CS" I meant child support payable from the time the baby was born, not just from the time you sue the father for it in court.

mom101? · Jul 29, 2011, 08:32 AM

How could they allow that when he didn't know about the child so you think she would have took action over 2 years ago when the child was born. Its not his responsibility when he had no idea that the child could be his. I could understand if she tried from the beginning but I'm telling you this is the first time since she got pregnant that she thinks it could be his... shes not sure either.

JudyKayTee · Jul 29, 2011, 09:03 AM

Originally Posted by AK lawyer

As I recall, Tennessee does allow retroactive CS...

I thought TN allowed retroactive child support (child support from birth - for benefit of OP) in "some" instances (?), one of those being acknowledging paternity but not paying support.

I cannot find anything conclusive using the facts here. If AMHD will pay my expenses, I will leave for TN now.

mom101? · Jul 29, 2011, 09:14 AM

He is not the type of man that doesn't take care of his responsibilities. He has an older daughter that is 5. He has full custody and her mom is not in the picture. He does not receive child support from her. He does it on his own. He has a child with me and he is an excellent dad to his 2 kids. If she would have taken care of this when the child was born it would be no big deal to him, but the fact she waits almost 3 years to do something is her fault. This child has the last name of a man that it is calling daddy.

Fr_Chuck · Jul 29, 2011, 09:23 AM

First we are discussing what is legal, not what is right, wrong or moral or proper. In a great world, the mother would have told both men, had a DNA test done at the beginning.

But we get 100's if not more women on here that are not sure what man got them pregnant, and they are trying to count weeks or will just guess because it is a current boyfriend they don't want to upset.

So your case is actually very very common but sometimes it is 14 years latter or he gets a 25 year old come to his door to say "day?"

TN has allowed retroactive child support but it is a case by case and has to be asked for. His defense will be of course that another man was on the birth certificate and the mother and he committed fraud to hide the facts from him.

It will be up to the judge to decide on back support.

If the DNA ( it has to be from an court approved lab, not just any lab) shows he is the father, he can ask for visits and she will get child support.
He may ask for a long term plan leading to joint custody of the child to allow child time to get to know him

JudyKayTee · Jul 29, 2011, 09:42 AM

He is not the type of man that doesn't take care of his responsibilities. He has an older daughter that is 5. He has full custody and her mom is not in the picture. He does not receive child support from her. He does it on his own. He has a child with me and he is an excellent dad to his 2 kids. If she would have taken care of this when the child was born it would be no big deal to him, but the fact she waits almost 3 years to do something is her fault. This child has the last name of a man that it is calling daddy.

No one has criticized you BUT the legal answer is that "she" could call strangers on the street "Daddy" and that does not make that person her father OR responsible for supporting her. DNA proving he is the father (if he is) DOES make her support his obligation.

I believe what you say - he's an excellent father to the 5 year old (by another woman) and your child but the fact remains that he has at least two children out of wedlock (and possibly three). That does NOT look good in a Courtroom.

mom101? · Jul 29, 2011, 09:54 AM

I understand that it could look bad but what does make him look good is at the fact he fought for custody of his little girl and won and supports her. And the whole out of wedlock deal... thats about how much % of the world... with the way the world is today.. its cheaper to stay single. And it doesn't look to good for her considering the fact that she doesn't know who her baby daddy is. I do believe its between 3 people. But I guess court won't look at that. Yeah it takes 2 to make a baby but only she can get herself in a position like this. While she was dating 1 guy she should have thought about this stuff before sleeping with other guys that is not her boyfriend.