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My Crazy Ex Wants Money After 7 Years and an Adopted Child That is Not Mine. Really

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  • 10-10-2012, 06:57 PM
    osfitness
    My Crazy Ex Wants Money After 7 Years and an Adopted Child That is Not Mine. Really
    My question involves child support in the State of: California


    I am hoping that someone can shed some light on my case. I was married back in 03 in Lou KY, my ex and i had a child. However, I found out from her brother-in-law that it was not mine. I confronted her she said that I was ridiculous! Hung up on me.. and NEVER CALLED again... I told her to prove that the child was mine while orders of child support was in effect, and she would not talk to me.. So we would assume that she has something to hide.. If she proved to the state despite the law, they would have ordered either way for me to pay...

    the sate of KY protects her, and she doesn't need to take a test.. yes it is true... Even the judge told me that she doenst have to prove anything. So if your a dude in KY and getting married... Be advised, if your wife has 5 kids to 5 dudes, your on the hook for the financial irresponsibility for ALL children... Crazy.... :wallbang:

    So as time went by, she never proved anything so i told her i would not pay until she proved that the child was mine.. nothing happened.. I since moved to texas.. (this is in 2003).. it gets better....

    She did not have my wages garnished from my work, didn;t revoke my driving privileges, nor did anyone from the court contact me.. also another reason to get denied for a passport is "OWING BACK CHILD SUPPORT"...... I GOT A PASSPORT>>>>> :wallbang:

    Now the fun part.. After I knew the child was not mine i got a letter and a call from her attorney that her and her new husband wanted to adopt the child! done deal... it clearly states that the case would remain in full force if I decline the adoption can be on the hook for past child support!

    I went through the adoption process as hard as it was.. I did it... this was in 2007.. so from april 06 - november 07 she wants back child support at this time.. in 2012.. ?

    also in nov 09 i did a court by phone with KY from Texas and the judge because I got a letter when I tried to leave the country for a trip and get a passport it was declined. so when i met with the judge about the case, she determined that i satisfied the court and she closed the case.. I got my passport and got a letter that that may be no pending matters as the case is closed and sealed...

    I asked the judge if I owed her any money for or am i finally free, she responded that this case was one big mess from the start and that I was done.. no pending matters should be needed .....

    now my crazy ex wants past child support! the DCSS of cali called me and I spoke to her and told her that the child was adopted... my ex didnt tell them that info, how convenient.... that is sneaky in my opinion.. (anyone catching my drift here)

    I hope this is all making sense? It is a long drawn out process... I am having my lawyer draft up a letter to let my ex know that there is papers at the court in Louisville for her about the case being closed..

    also we will say that I didn;t know that there was any pending case since it WAS CLOSED.... also that the child is in question that it is mine...


    The DCSS said that she really hates when people try to collect after all these years..



    now in CA, is this something she can pursue?



    We found out that there was an open case from before, but it was closed.. no one really seems to get that part...

    what do I do?

    She has never produced a DNA test and at this point, id rather not since the child is 7 and it would really be detrimental to her now knowing that there is a another guy that might be her dad..

    I am not 100% sure that the child is mine or not.. I was told other wise so that is all I have to go on... plus my ex never pursued me after I left KY....


    basically how do I make her just go away?
  • 10-10-2012, 07:03 PM
    Dogmatique
    Re: My Crazy Ex Wants Money After 7 Years and an Adopted Child That is Not Mine. Real
    You need an attorney.

    If the child was never adopted, you ARE on the hook for support.
  • 10-10-2012, 07:36 PM
    osfitness
    Re: My Crazy Ex Wants Money After 7 Years and an Adopted Child That is Not Mine. Real
    the child WAS Adopted.... :)
  • 10-10-2012, 07:45 PM
    tex11
    Re: My Crazy Ex Wants Money After 7 Years and an Adopted Child That is Not Mine. Real
    It does not matter that the child was adopted. This does not forgive any child support arrears you accrued prior to that date.

    As already stated, you are on the hook for this.
  • 10-10-2012, 07:56 PM
    osfitness
    Re: My Crazy Ex Wants Money After 7 Years and an Adopted Child That is Not Mine. Real
    are you a lawyer tex? just asking..

    I do see your point,m ya cant run and hide...

    I have documentation of my court hearing that says, they may be NO FURTHER MATTERS IN THIS CASE...


    my lawyer said that may not be true.. the case was closed./.. how can she re open a case from a different state?

    it just doesn't make sense?

    what if she does a paternity test and it is not mine, then i am done.. the catch here is will she do one.. she didn;t produce one yet?

    I think she i snot really sure who the real father is and keeping that on the DL....
  • 10-10-2012, 08:00 PM
    Dogmatique
    Re: My Crazy Ex Wants Money After 7 Years and an Adopted Child That is Not Mine. Real
    Uh..no. A paternity test won't do ANYTHING at this point because you AND her are barred from challenging paternity. The time in which to do that was as part of the divorce action.

    You were the legal father. If you owed child support, you still owe it - even though someone else adopted the child.
  • 10-10-2012, 08:11 PM
    osfitness
    Re: My Crazy Ex Wants Money After 7 Years and an Adopted Child That is Not Mine. Real
    do you have any documentation of this?

    I hear what your saying, but my lawyer says other wise and even DCSS in Cali is working with me...

    california requires a dna test....
  • 10-10-2012, 08:16 PM
    Dogmatique
    Re: My Crazy Ex Wants Money After 7 Years and an Adopted Child That is Not Mine. Real
    What?

    California absolutely does NOT "require" a DNA paternity test before assigning/enforcing/collecting child support/arrears - why? Because you were MARRIED to Mom, and the child was born into the marriage. You did not challenge paternity as part of the divorce action so it's a done deal at this point.
  • 10-10-2012, 08:20 PM
    osfitness
    Re: My Crazy Ex Wants Money After 7 Years and an Adopted Child That is Not Mine. Real
    Quote:

    Quoting Dogmatique
    View Post
    What?

    California absolutely does NOT "require" a DNA paternity test before assigning/enforcing/collecting child support/arrears - why? Because you were MARRIED to Mom, and the child was born into the marriage. You did not challenge paternity as part of the divorce action so it's a done deal at this point.

    i DID challenge the test as part of the court action... KY law protects her, she can't be forced to do that... I understand it is a stupid law, but it doesn;t matter..

    what women that has any SOUL, would not prove her innocence..

    plus, dont i have the right to 50/50 custody after she decides to collect back child support?

    my mom has never seen the baby as well...

    does any of this matter to anyone?
  • 10-10-2012, 08:31 PM
    Dogmatique
    Re: My Crazy Ex Wants Money After 7 Years and an Adopted Child That is Not Mine. Real
    KY law does NOT protect her - I get the feeling though that you were not represented by counsel. You absolutely DID have the right to challenge presumed paternity as part of the divorce. But that aside...

    You have no rights to custody at all - it's not your child. Even if the adoption hadn't taken place, you wouldn't have the right to 50/50 custody based purely on the fact that Mom was/is entitled to arrears.

    You don't have a child, legally - but you ARE responsible for any arrears building up before the adoption took place.
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