Ask Experts Questions for FREE Help !
Ask
    d_k985's Avatar
    d_k985 Posts: 2, Reputation: 1
    New Member
     
    #1

    Aug 29, 2013, 05:23 PM
    Do I have to pay support
    Ok a me a girlfriend at the time was together she got pregnant me and her broke up...

    She got married while pregnant to a man I hadn't heard from her in 6 years out of the blue she finds me on Facebook wanting me to be in child's life I hesitated and I do mean I contiplated because he had known this guy as dad all this time... so I saw him for 3 months and she said I am moving to Texas after 3 months of finally bonding w child supposedly the ex husband signed his right over... I live in Indiana so now after 2 years she says she poor and her boyfriend that she moved to Texas w broke up she is back and now she is asking for money and threatening to go to the courts... I don't want to go through the courts at this point I don't want to see this child because of the damage it caused the last time...

    Guess the question is can she come after me for support after this guy was father and married her while pregnant.. and signed birth certifcate and could he had actually gave his rights up to her...

    What's the process and steps somebody please help me w answers thank u
    If you have an answer please
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #2

    Aug 29, 2013, 05:39 PM
    The husband is the legal father at this point and that is who would be pursued for child support until the legal status is changed. When a couple has a baby the presumed father regardless of DNA is the husband.

    Now there sometimes is room for a challenge. But for now she can't come after you.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Aug 29, 2013, 06:34 PM
    Yes you DO want to go to court. You want the court to order a DNA test to confirm you are the bio father.

    The problem here is with all the moving around it's hard to tell what state has jurisdiction so what laws apply. What is clear is that the man she was married to at birth is the legal father. He cannot sign over his rights. So you would argue in court that since he is the legal father, he is the one who is responsible for support.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
     
    #4

    Aug 29, 2013, 06:42 PM
    You mentioned twice that he gave up his rights. What does she mean by gave up his rights?
    He can't just sign something that he no longer wants to be a father.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
    Pets Expert
     
    #5

    Aug 29, 2013, 06:49 PM
    I have the same question NoHelp does. How did the presumed father, the ex husband (I'm assuming he's the ex because she also had a boyfriend in Texas) sign over his rights?

    That isn't done unless someone else is stepping up to adopt the child. You can't just decide you don't want to be a daddy, you don't want to pay support, so you sign over your rights. It isn't done.

    So how did the ex accomplish this?
    d_k985's Avatar
    d_k985 Posts: 2, Reputation: 1
    New Member
     
    #6

    Aug 29, 2013, 08:52 PM
    Well unfortunately I am just going by what she told me right before she left for Texas 2 years ago she is now back in Indiana giving me a sad story that she is living in a motel she can barely feed him etc...

    Now I am not denying the kid is not mine but I really feel in best interest I do not see the child or deal with her I don't want to mess w this child head as damage is already done when she left 2 years ago
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Aug 30, 2013, 03:06 AM
    I'm not so sure you wouldn't do more damage by letting the child live in the environment he is in than trying to be a part of his life. But that's a question for another forum.

    I stand by advice that you get paternity legally established first, And then the legal father will be responsible for support.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #8

    Aug 30, 2013, 03:54 AM
    What state was the child born in?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #9

    Sep 8, 2013, 03:12 AM
    guess the question is can she come after me for support after this guy was father and married her while pregnant.. and signed birth certifcate and could he had actually gave his rights up to her...
    Yes- There is a strong biological presumption according to Indiana laws. The marital status is not regarded there.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #10

    Sep 8, 2013, 03:31 AM
    So yes, she can come and get child support, depending on where the case is heard. Also, was husband on birth certificate, and what "rights were given up" sounds like all lies and stories by women.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #11

    Sep 8, 2013, 02:22 PM
    Quote Originally Posted by GV70 View Post
    Yes- There is a strong biological presumption according to Indiana laws. The marital status is not regarded there.
    Please clarify. Are you saying that Indiana does not presume that a husband is the father of children born to his wife? In that case, what is the presumption to which you refer?

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

I pay child support and now my ex is on disability, will I owe more or less support? [ 0 Answers ]

My ex and I divorced in NJ, where we both lived in 1999. Though I am the mother, I am the non-custodial parent and pay child support; my ex husband has primary residential custody of the children, but we have joint legal custody of our three children. He remarried later in 1999, and they have one...

If I no longer pay child support will my spousal support paid increase? [ 10 Answers ]

I live in California and my daughter is 19 yrs old and just graduated from high school, I was paying child support and spousal support, now that I am no longer obligated to pay child support will the spousal support I pay to my ex get increased?

Never ordered to pay child support can you get back pay [ 9 Answers ]

I have a soon to be 13 year old daughter. Her father has only seen her maybe 5 times her whole life. He has never been court ordered to pay child support but we did have a paternity test done when she about 1 year old. But he wouldn't stay in one place or keep a job long enough to get a support...

If I raised my child for the first 9 years without support do I have to pay support [ 1 Answers ]

I have raised my son for 9 years without any help from his father. If I send him to live with his father will I have to pay child support. I would think not because we would be even rite?


View more questions Search