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Asked 4/12/2010

My husband is paying child support a for a child that may not be his.

When my husband was first receiving the child support papers before the divorce was final, all papers requested child support papers for one child. After the divorce decree was signed (forged by ex wife) it stated he pay for both children. Child 1 he didn't sign the birth certificate however he did sign his right to establish paternity. Can he still do a paternity testing for a child which is signed these forms. During court, his ex refuses him to do a paternity test for the child 1. Which doesn't make sense because if she has nothing to hide then let him take the test. However child 2 he signed the birth certificate. As well as after child 1 was born he had gotten married to her, under the impression that child 1 was his. He had signed the right to establish form because she had told him it was the only way the child 1 could be added on his medical. This all had happened in 2003-2004, we don't have the money for a lawyer. Is there any way we can fight this on our own? If so what do we need to do and how? We reside in the state of Hawaii.

 
 
 
 
 
Answers

Answer 1/5 - Submitted 4/14/2010

How old are these children now?

 
 

Answer 2/5 - Submitted 4/14/2010

The first child (which he believes is not his) is going to be turning 8 years in June, the second child will be turning 7 years in May.

 
 

Answer 3/5 - Submitted 1/25/2011

Hi!

I'm wondering if you've gotten any more info on this yet? We are going through a similar situation, but we are sure the child is not my husband's, although my husband has been paying child support for years after he found out. I've just raised the issue with him recently (after we got married and have our own kid).

Thank you...

 
 

Answer 4/5 - Submitted 1/26/2011

You always have the right to go back to the court and ask (by motion) to have a blood test done to determine if this child is yours. What really bothers me, is the forgery by the ex wife, was this ever brought up to the court? You should contact the court to see what you may do.

 
 

Answer 5/5 - Submitted 1/26/2011

I imagine, if he gets paternity tests done, that should be easy to prove he does not legally have to pay support, you may want to contact a lawyer, for a free consultation, to see what you can do, and what rights he has!

 
 
 
 
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