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Child Support Order Granted Without Establishing Paternity

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  • 07-22-2014, 08:37 PM
    Dspivey1@hotmail.com
    Child Support Order Granted Without Establishing Paternity
    My question involves paternity law for the State of: Texas.
    How is possible that a woman can claim and get a child support order against a man without establishing paternity? My son was notified there was a warrant out for his arrest for failure to pay child support. The mother is a young woman he remembers vaguely as she briefly dated one of his friends. He doesn't understand why or how she was ever able to do that. He never had any relations with her. How can he request a paternity test.
  • 07-22-2014, 08:40 PM
    Dogmatique
    Re: Not the Dad
    Because without the benefit conferred by marriage, nobody knows (except Mom...usually) exactly who the father may be. Somebody filed something, and he was evidently found to be the father by default.

    How long ago did this allegedly happen?

    Has he bothered going to court to request a copy of the file?
  • 07-22-2014, 10:34 PM
    Dspivey1@hotmail.com
    Re: Not the Dad
    Apparently it was granted 13 yrs ago when he was in high school. We moved after my divorce and it must have been filed after. I spoke to my ex-husband about it recently. We owned a small business at the time of our separation. He said a woman came to the business claiming her daughter had recently given birth to a child and her daughter said he(my son from a previous marriage) was the father. My ex finally admitted to me he gave the woman my sons personal information( ss# etc) after she made threats to the business(small town drama). We were in the middle of a unfriendly divorce and he never told me any of this until now. My son has not requested copies of the file. He didn't know how to go about requesting documentation or even where she is, or how to file a request for a paternity test. I nor he understands how someone can just go out and claim someone has fathered a child, are granted child support and he never received any notification. No court notification. Nothing. We did move several times, still how is that possible?
  • 07-22-2014, 11:52 PM
    Dogmatique
    Re: Not the Dad
    13 years ago is far too late for him to challenge paternity. The court would agree with me.

    It also sounds as if you moved several times; I'm also leaning towards the fact that he was served properly by using last known address or service by publication.
  • 07-23-2014, 02:02 AM
    llworking
    Re: Not the Dad
    Quote:

    Quoting Dogmatique
    View Post
    13 years ago is far too late for him to challenge paternity. The court would agree with me.

    It also sounds as if you moved several times; I'm also leaning towards the fact that he was served properly by using last known address or service by publication.

    While you are probably right, if there is any chance that the original service was improper, he might be able to get a paternity test.
  • 07-23-2014, 02:52 AM
    Dogmatique
    Re: Not the Dad
    I'm not even sure he could get a motion before a judge. The way OP has worded it does seem to imply that they moved before the action was filed....I'm still of the "service has likely been perfected" school.

    This is some basic info for Texas click me!

    And this is from...EL : http://www.expertlaw.com/forums/showthread.php?t=79998
  • 07-23-2014, 06:08 AM
    llworking
    Re: Not the Dad
    Quote:

    Quoting Dogmatique
    View Post
    I'm not even sure he could get a motion before a judge. The way OP has worded it does seem to imply that they moved before the action was filed....I'm still of the "service has likely been perfected" school.

    This is some basic info for Texas click me!

    And this is from...EL : http://www.expertlaw.com/forums/showthread.php?t=79998

    Still though I think that he should at least consult with a Texas attorney. While its possible that OP's son is lying to her, if she really just dated one of his friends, its really unfair for this child to think that the wrong man is his/her father.

    I could see some teenage girl naming some guy who moved away in order to avoid having her parents going after the real father.
  • 07-23-2014, 08:01 AM
    Dogmatique
    Re: Not the Dad
    Without further info from the OP, I'm more inclined to go with "Someone isn't being honest with his mama".

    Y'know?
  • 07-23-2014, 02:27 PM
    llworking
    Re: Not the Dad
    Quote:

    Quoting Dogmatique
    View Post
    Without further info from the OP, I'm more inclined to go with "Someone isn't being honest with his mama".

    Y'know?

    I do know...but on the off chance that he is being honest with his mother, I think that a consult with an attorney is in order.
  • 07-23-2014, 08:25 PM
    Dspivey1@hotmail.com
    Re: Not the Dad
    I hear you. I don't deny the thought crossed my mind about him being completely truthful but here's the thing. The girl has never reached out to him or myself or anyone else in the family. Ever. Not in the whole 13 yrs. That seems odd to me. I have 4 other children. None of them have ever been contacted either. He still has friends in that town. None of them or their mothers have ever mentioned to me or my son anything concerning any of this. If I were that girl I would have wanted him to know he was gonna be a daddy or that he was a daddy. I most likely would have spoken to mutual friends or tried to get ahold of his mother, brothers, someone! With all the social media available, Facebook, ("My Space" was the popular site in the past) Twitter, even Google I would have reached out to someone.. Anyone. We are not in hiding. We all have FB accts. We moved back to the city where all my kids grew up, lived there for 4 yrs then moved back to my home town where we have lived ever since..8 yrs now. I decided to search for her on Facebook by name. If I do have another grandchild I would like to know. I found her and messaged her. She never replied but instead when I went back to see if she had replied her page was gone.
    My son has never married. No children. He does have a girlfriend the same girlfriend for over 6 yrs now. At the time we were living in that town he had a girlfriend and dated her the entire time we lived there and even after we moved until she moved out of state for school. I just think it is all a little odd..if he is the father why wouldn't she ever try to reach out to any of us?
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