Husband Paying Child Support To Non Biological Son And Neglecting Daughter
Hi everybody,
The story is a bit long and I will try to make it as shorta s possible. Before we even met, my husband met his ex wife in Clombie. what was supposed to be an 'exotic" affair turned out to marriage after she told him she was pregnant. what he didn't know, she was already pregnant as they met but she wanted to come to the USA. One week before child was born, she told him he was not the father, which he understood, since baby was full term, and born 5 months after they met.
A few months later she left him, but she asked him to keep the marriage legal so she could get US citizenship. He accepted, he was deeply attached to the boy and would have accepted anything to remain in his life.
Then we met, he got a divorce and we got married. The lawyer at that time suggested he would claim the fraud, since she used him to come to the USA and have a green card, he didn't.
In the meantime, the boy knew that my husband wasn't the bio father. Hence, since my husband signed on the birth certificate, he is considered as legal father, he pays 900 $ cs. In the meantime, we got a daughter that was constantly harassed by the boy, he tried to hurt her several times, would wake her up, sneak in her bedroom, call her names, was interested in her anatomy, and I felt very concerned about my daughter safety. So I asked my husband to meet the boy somewhere else. My husband is so afraid to lose that boy that he prefered to move out. And he doesn't provide anything for his daughter. I am a full time mother, work from home though, as a translator. he never buys anything, neither toys, nor clothes, I've been providing for her since she was born. The ex always finds an excuse to get more money from him, besides the CS, he gives her a few extras, and she is married ! she is very manipulative and abusive, and the last surprise was that she files her son on her tax while my husband has got the tax exemption. She just violated their divorce agreement and he let her go away with it.
Moreover, a few conversations some time ago with the boy made me understand his mother would get cs from the bio father, but doesn't say anything so she keeps both men paying.
I would like to precise I live in Fl, is there any good and agressive lawyer that you could recommend ? Is there anything I could do to stop that abuse ? Is there any legal way to require a DNA test for both children to reestablish the truth and stop this fraud and abuse?
Thank you so much for your help
Re: Husband Paying Cs To Non Biological Son And Neglecting Daughter
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sandrawlf
is there any good and agressive lawyer that you could recommend ? Is there anything I could do to stop that abuse ? Is there any legal way to require a DNA test for both children to reestablish the truth and stop this fraud and abuse?
Thank you so much for your help
You're so far off the mark - it would be funny if there were not children involved. The boy is your X husband's son - legally if not biologically. He CHOSE his son over you and his biological daughter. His first wife is entitled to CS and if your X wants to give them anything on top of that it is his right to do so - a lawyer can not change that. If the boy's biological mother has two men paying child support for the same child then she is cheating the other man - not you or your X. If your X allowed her to claim the boy that is his business, not yours.
There is no need for any DNA tests - unless he claims your daughter is not biologically his. Do you have a court order for CS for your daughter? If not, then you need to file for one. He is not obligated to pay you CS unless you have a court order for him to do so.
Re: Husband Paying Cs To Non Biological Son And Neglecting Daughter
Thank you for your reply. No I don't have any court order, we are not divorced, and didn't want to force this issue, even if I do think it's unfair to pay for one child that is not his and neglect his own blood and flesh. He cannot claim the child is not his, our daughter looks so much like her dad that there is no possible or slight questionning, and I did not cheat on my husband.
The law is very strange, anybody can fraud, have different CS from different parents and just get away with it.
You are right, I must be off the mark !
Re: Husband Paying Cs To Non Biological Son And Neglecting Daughter
I did not say your circumstances do not suck for your daughter. I am only trying to let you know that legally, the father of your daughter is not obligated to do anything for her until you have an order for support from the courts.
You said "Then we met, he got a divorce and we got married." you did NOT say he got a divorce, then we met and we got married - you knew what kind of man you were marrying and chose to have a child with him... now you have to deal with the fall out.
You also said "a few conversations some time ago with the boy made me understand his mother would get cs from the bio father, but doesn't say anything so she keeps both men paying." You have no LEGAL proof that the boy is getting support from his biological father due to fraud. Why you were even talking to the son about adult financial matters is beyond me.
If you honestly feel there are safety issues that would merit the boy staying away from your daughter you need to make a LEGAL complaint about his behavior with child protective services and/or when you file for custody. If you neglect to do this and your husband has a change of heart about seeing the girl - he could file for physical custody of his daughter and she could be living with his son. He has a LEGAL right to do this so if you don't want it to happen you should take some action against it now.
Re: Husband Paying Cs To Non Biological Son And Neglecting Daughter
Actually, no I did not know what kind of man he was otherwise, I would have never married him...
As how I know about the CS fraud, the boy talks a lot, and I never had to ask him anything, he was trying to impress me, and I was just listening.
As for my daughter's protection, I am planning to file a lawsuit and sole custody. Honestly, my husband can keep his money, but what matters to me is my daughter's safety.
Thank you anyway for responding,