Asked 2/20/2008
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Paternity and Child Support My husband had a one night stand with a woman before we were married, she gave birth to twins and is claiming my husband is the father. Paternity has never been established, she has not been in contact with us since they were born. She is constantly calling my husband's brother and is now claiming she is filing a petition with the court for a paternity test. We live in a different state, so I am wondering if they will give us legal notification if a paternity test is required in our state. We also have a child on the way, I make significantly more money than my husband and I was wondering if my income would be taken into consideration if he does have to pay child support. She has 2 illegitimate children and currently receives no child support, will they take into consideration that my husband and I are going to have a child when they calculate child support? As it stands now the child support calculator says that they will take about 30% of his monthly wages. That barely leaves us with enough money to support our own family. Is there any way if they are his children to sign over his parental rights? |
Answer 1/4 - Submitted 2/21/2008
If she receives pubic assistance, they want to know who dad is, he will have to take a dna test no matter what state you live in, but at least it will be settled & you will know for sure. Support is based on his income only, not yours. Even if he gives up his rights to see the kids, he will still have to pay support. This is such a bad situation for you, make sure you r not stressing too much, as this is not good for your health & baby. & remember, just watch Maury, how many women r 100% sure He is the dad, & he is NOT!
Answer 2/4 - Submitted 6/9/2008
What does your husband want to do. Your talking about his parental right and signing his rights away if the twin are his. I think you are getting a head of yourself. You need to find out the results of the paternity test and then you both need to sit down and discuss what you both want to do about it if he is the father. Yes he would be notified of the test they can't take it without him. You both will need to consider the effect on the twins as well as your baby to be since they could be siblings. If he wants to sigh his rights away because he does not want to pay child support he may come to regret that decition in the coming years and the mother would have to agree. Myself I could not imagine not wanting a child if it were mine. The paternity test may prove your husband is not the father and then you can both move on. The twins mother has know reason to harass you or family members if she is sincere about your husband being to father then she should just get the have the paternity test taken nothing else needs to be said. If she does not file then chances are she is just playing a mind game. Your husband can also file if he believes the twins are his or not just to find out the results one way or the other and you can just move on. The courts will determine the amount of child support if the resukts turn out that he is the father. They take in consideration of his family now and the children he has. Because you work and are the mother of your child they will take that in consideration because you are working and it is just as much your responabilty to support your child as it is his. Good luck
Answer 3/4 - Submitted 1/14/2009
I can just speak on my experience of the last 19 years. My husband was told he was the father of an ex-girlfriend's child who swore she didn't want anything from him, he wasn't to contact them and vice versa. She filed for welfare/child support when the child was nine years old. He then became responsible for child support and arrears, and has been paying every since. The child is currently 19, married for two years and has a child of her own! She and her husband stay together in their own place, yet my husband still has to pay child support and arrears. As far as paternity goes, because she didn't file until the child was nine, my husband was told he couldn't contest it. So if you are going that route, do it early. And the court does consider your income and not your child with him. My husband was told by a judge that if he couldn't take care of the first one, why would he continue to have more? I too make more than my husband, that's why the court feels justified in taking $812.00 per month out of his check before he sees it! Stay strong and prayerful, you are going to need it.
Answer 4/4 - Submitted 1/14/2009
I can just speak on my experience of the last 19 years. My husband was told he was the father of an ex-girlfriend's child who swore she didn't want anything from him, he wasn't to contact them and vice versa. She filed for welfare/child support when the child was nine years old. He then became responsible for child support and arrears, and has been paying every since. The child is currently 19, married for two years and has a child of her own! She and her husband stay together in their own place, yet my husband still has to pay child support and arrears. As far as paternity goes, because she didn't file until the child was nine, my husband was told he couldn't contest it. So if you are going that route, do it early. And the court does consider your income and not your child with him. My husband was told by a judge that if he couldn't take care of the first one, why would he continue to have more? I too make more than my husband, that's why the court feels justified in taking $812.00 per month out of his check before he sees it! Stay strong and prayerful, you are going to need it.
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