You are here

Can someone help me with a child support question PLEASE

missangie1978's picture

I could ask our lawyer but she's out of town.

My DH didn't know that SS was his son until SS was 5 years old, before than BM told some other guy that he was the father and took that guy to court for child support and put this other guys name on the birth certificate.

It wasn't until my DH saw SS for the first time that he knew that he was his son (they look alike) and he forced BM to let him do a paternity test. Of course it turned out that SS was his son.

Question that I have is the last year we've had SS full-time and now that she's required to pay child support she's saying that my DH owes her 5 years of back child support for the years that he didn't know that SS was his.

Is this true? Can she get back child support for the years that DH didn't know that SS was his?

Comments

TheSaneOne's picture

Uh no - he can fight it and she doesnt look too good in front of the court now anyway - in addition - if the other guy paid support - she cant collect double. I think its her wqay of trying to intimidate u and trying to not pay support herself. Funny - BB in my case has NEVER paid a cent - I know, never isn't true but in this case it is. I can verify the last two years we haven't seen a dime and before that I wasn't in the pic.
I guess they think the men should support the children, regardless, and the women not assist if they don't have them -

ColorMeGone2's picture

His name wasn't on the birth certificate and she held out to the world that someone else was the child's father during those years. I doubt that a judge would order support further back than the day that paternity was established in your DH.

♥ Georgia ♥

"Good men don't just happen. They have to be created by us women." (from ROSEANNE)

smurfy1smile's picture

I think the other guy may be able to get BM for paternity fraud. You just have to prove she knew he was not the bio father, like if she told someone or like you said she sort of hid the child from bio father since they look a like. She had to have known at some point that she had the wrong guy. First father had to sign the birth certificate; therefore, he agreed he was the father.

Give me a couple hours to see if I can find the laws in your state and see what they say.

I agree since she got support for the other father she should not be able to get support from the real father now.

no validation's picture

But reversed. He was the one that was told the youngest of his 2 sons was his(the oldest one IS his). He was named the father on the birth certificate and the child has(still to this day) my uncles last name. When the youngest child was 2 my uncle left BM because she cheating on him. For 2 years he paid child support for both children. Then when the youngest was 4 he took her to court for full custody of the kids because she had become a drug addict. This is when she said 2nd child wasn't his. He demanded a paternity test and it showed in fact child 2 was not his. SHE had to pay him back child support for the 2nd child. Of course, he did not gain custody of him either tho.
BF got off scott free for 4 years! He never had to pay back support because he did not know.

Nothing comes easy thats worth fighting for.....thats what they tell me!

missangie1978's picture

She's trying to say that she told DH that SS was his from the begining. But being as stupid as she is that just means that she straight out lied when she put someone else on the birth certificate and make him pay child support.

She doesn't seem to care that she'll be in more trouble, she just wants to make us waste our time and not have to pay anything for SS.

Can wait to hear what the judges says about this whole thing - we're also asking the judge to make her pay for our attorney fees

smurfy1smile's picture

Ask for attorneys fees - you may not get them but asking will make her mad - hopefully!

alwaysthemom's picture

Why is that men sometimes just assume they are the father just because BM says so? My DH has told me that he had doubts about SD when she was born because of BM's running around on him. He did man up and take responsibility but still with that doubt all these years. SD is 9. Would any of the men on this site want to know if the child they thought was theirs was not?

My kids biggest cheerleader

no validation's picture

That an auto DNA test should be done on all kids at the time of birth. I only say this because of the lies that some women tell. If it was automatic, no one could take it personally (no one could scream distrust) and there would be no more suprises years down the line. You know the saying......momma's baby, daddy's maybe.....

Just my 2 cents!

Nothing comes easy thats worth fighting for.....thats what they tell me!