Can someone be held liable for child support as a legal guardian even if there is a negative paternaty test?
Here is the story I'm getting:
10 years after sleeping with someone once, wages begin getting garnished from his paycheck. He goes to court to find out what the deal is and is told that he missed his court appearance and therefore is now the legal guardian of a kid whose mom apparently put him on the birth certificate but never told him. She apparently never had any contact with him during the pregnancy then she showed him the kid once after it was born and mentioned he could be the dad but refused to get a paternity test. She said the kid didn't look like him, there could be a lot of dads, and then never contacted him again. The court appointed attorney says that they sent someone to his address to subpoena him as well as put in in the paper and he didn't show up so he is the legal guardian. He says he was no longer living at the address and never read it in the paper so he never knew he was supposed to show up to court. Both the court appointed attorney as well as a private lawyer hired years later tell him that there is a loophole in the law and because he did not show up to court, he is the legal guardian and must pay child support now no matter what; even if he was to obtain a negative paternity test now. This all took place in Texas to the best of my knowledge.
This sounds insane to me. Could this possibly be true?!?
Tagged with: 10 years • birth certificate • child support • court appearance • court appointed attorney • dad • dads • legal guardian • loophole • mom • paternity test • paycheck • pregnancy • private lawyer • wages
Filed under: Paternity Tests
I doubt that its true, otherwise we would see that kind of thing happening more often with wealthy men…. just pick Dr. so-and-so’s name out of the local phone book and rake in the dough.
yup that could happen
1st Q: yes Last Q:Probably not.
yes, it could happen.
and it could be even worse — the guy could have been overseas in service or in prison at the critical time and still be served by publication in the paper "back home". The court doesn’t inquire why you don’t show, they simply rule against you if you don’t and are known to have recently lived in the jurisdiction.
if there’s no one in the area who told you, you’d be found liable.
Now, can you reverse the decision years later by showing in court that you didn’t know and weren’t the actual parent?
good question — might be, in some states, you’d be stuck for life.
I have heard stories like this several times. Nothing surprises me anymore. If the fellow in question has tens of thousands to spend on an attorney, he could start fighting and making the attorney more wealthy. Here in the state where I live, if one gets behind on CS payments, he or she is unconstitutionally put into debtor’s prison as a slave.
Nothing like being an indentured servant to a woman who takes your child hostage. Welcome to the US legal system. Fu*k the politician lawyers who write this crap. Same to the women, judges and everyone else who participates in this type of disgusting perversion of justice.
I’m almost sure that he has to be the one to sign the birth certificate to be the legal guardian .She had no right to forge his name..Tell him to check the laws where he lives.
It is possible depending on the state laws. For example in Arizona a married couple can be legally seperated for 10 years and if the lady gets pregnant,her spouse is automatically put on the birth certificate,regardless of paternity,once he is on the birth certificate,he cannot be removed because arizona will not "bastardize" a child.Ergo,even if the man can prove its not his kid,arizona will still recognize him as the father and he will take on all parental obligations.
Not sure how texas works tho