Paternity Question and Child Support?
My husband's ex wife had child in NC while she was still legally married to my husband. His name is now on the child's birth certificate because she was still married to him. He didn't know anything about this until recently now that she is trying to put the child's biological father on child support. To my knowledge, NC law states that the husband goes on a birth certificate even if he's not the father. She contacted child support in NC and said she was told that the father on the certificate must take a paternity test to be removed before they can go after the biological father. Is this correct? Secondly she is having the child support case sent to Louisiana because that's where she think my husband is located, and she said Louisiana child support law says that my husband will be responsible for not only the child whose birth certificate he's on but also her other child. The biological father of the second child is the same man for the first child. He signed an affidavit since they was not married with the second child to have his name put on the birth certificate. The confusing part to me is how will my husband be responsible for a child/children that is not his, and why should he take a paternity test if the biological father is coming forward saying that both kids are his? Can her and the kids biological father get this matter taken care of on their own without involving my husband? Can each party sign an affidavit acknowledging that my husband is not the father and have the biological father state that he is the father?
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No, he was put on the first certificate and now he needs to PROVE to the state that he did not father that child.
You’d better push your husband to do it now or he WILL get screwed into paying child support.
When people are married there is a presumption of paternity that has to be disproved before the next step is taken. An affidavit won’t work. A DNA test is required. LA law is slightly different, also. There’s another step required before the DNA test is even ordered for your husband. All this is to protect the child’s right to legitimacy. I found that by googling.
My best advice for you and your husband is for him to do a paternity test for both kids to prove that he is not the father. There was a man who didn’t get a paternity test for his wife’s son for 8 years they were divorced when the child was 4 then the biological father came forward when the child was 8 and was tested however the court screwed him over and made him pay child support for the years that he "thought" the child was his. So just do the blood test and get cleared, trust me my bro-in-law is now paying back child support for his son who is 20, he has lost everything all his cars, house everything!! Just do the blood test!
Please get on the phone with each state child support agency and do your own homework. Ask is your husbands name in the system/does he have a case.
They may not talk to you which means your husband may have to call but sit there with him and seek clarity. That’s the first thing you need to do is sort out HIS NAME then ask questions.
No . He will have to prove that he is not the father of the child , the courts hate dead beat dads and will go after them with everything in their power. If he is not the father and is telling you the truth then what is a simple paternity test going to hurt? It may just seal the deal and this woman will have to leave him alone if it comes out negative but if it is positive then someone is lying to you. If it were me, i would want to know , just for my own peace of mind. I hope you would also. It would def give you some peace and him also i am sure to know.If he refuses the test then that indicates to alot of people including yourself that he has something to hide, a secret . Can you live with that for the rest of your time together? I know it would drive me crazy .
Biological, the father who created the child. Stop using that word too much, you use it out of known context. your post is so hard to follow.
Your husband at some point will be required to take a paternity test, he can do it all on his own right now if she will agree to the children getting tested now too, or he can wait for a court order, thats up to him.
It wont matter if he knew she was pregnant or not.
It wont matter if her new b/f or husband wants to be the supporting parent, to do that, he will have to legally adopt the children, with your husband, IF hes the actual biological fathers persmission, that will end his financial responsibilities, and end all his rights as a parent. Its a major decision, as we grow up and mature, one day it might not seem important, and one day, magically it hits us, that we have created a child, nad that matters to us, and we want involvement, once an adoption takes place, he loses forever his rights to that child and it would be soley up to the mother if she wanted to allow him in the childs life, he may have to wait til the child is 18 to contact them to start a relationship if the child is ok with it.
Your confusion is, you dont want your life rocked with a big change that the paternity test could do. Your husbands income will be now decided on by a court as how much he must legally pay for the child or children. Remember, many men will lie to the new gf, and then later on, regret the lies but dont come forward to you, and clear the air. Id be scared too, you might have to get a job, or he may have to get a second job to pay the bills if he is the father. Its a courts position to take care of the child, and its a blood test alone, that the court takes into account, its in the childs best interest.
So get ready for the future, dont fight it, be a civil person who could of been the other women in this story right, so dont think ruin lives, think enhance, help, love, peace, all that good karma stuff ok. You could ruin your own marriage by your words and how you handle yourself at this time, so dont be money greedy, dont discuss this much, its his issue, NOT yours, so stay in the background, if your husbands an awesome guy, hell do the right thing, and that will prove to you, just how awesome he is. Breed peace, its the kids memories that will be created during these tough times, as their growing up, dont ruin them, you do actually hold the key to ruining their lives, lowering their self esteem, if you turn evil if hubby has to pay for thier care and welfare. Good luck, I hope that the easy way is the way it turns out, that the kids are not his.
there is a lot of confusing stuff in there but the bottom line is your husband needs to do a paternity test if he wants to get out of this. if the kids are not his, he won’t have to pay for the tests so no harm done to him. do it, and do it now.