Boyfriend Subpoenaed For Paternity After 3 Years, Another Guy Is On Birth Certificate

My question involves paternity law for the State of: Maryland

Four years ago my boyfriend and I broke up for about a month, we both ended up sleeping with other people (big mistake). We already have a son together, he was about 4 months at the time (now he is turning 4 years). A couple weeks ago my boyfriend received a subpoena to go to court for paternity testing and for Child Support and Health Insurance Coverage from the girl he slept with one time almost four years ago. There is already a father listed on this child's birth certificate, and he just found out about 5 months ago that he is not the father, and so now she is after my boyfriend. I thought that in the state of Maryland, once a guy signed for parentage then he was responsible for that child. How can she be going after my boyfriend now? She is going for backed child support, health coverage, and her medical costs from prenatal and aftercare.
I really don't feel like he is the father, the timeline just isn't working for when he was with her, but I can't help but not think there is a possibility. What should we do? He is going to request a paternity test be done, but what if it comes back, and he is the father? Is he really required to pay all that support?
I do not have a court order for child supprt from him. We have a joint bank account, and he contributes 100% to raising our son and helping with bills. What will I need for the court to fight that our family comes first (pending the worst case scenario)?
My mind is so jumbled right now, that I hope I am making some kind of sense. I just really need some advice, as to what we can do. It just really eats at me, that she can come after him three years later, and for backed child support (if it is his). If it is not his, there are three other people she has to check, which is really sad, but anyways.
Any advice would he helpful, even if it is to just point me in the right direction. My primary concern right now is holding our family together and protecting my son.

Thank you in advance for all and any help

Q: How can she be going after my boyfriend now?

A: Because she thinks he is the father. The DNA tests will clear it up.

And once the DNA test clears it all up, then he will be responsible for supporting that child too. Whether or not you feel like this is his child is of no consequence at all, since you are not a party to this action at all. He'll need to petition for a paternity test and deal with the outcome when he gets it.

As far as your family coming first? Well, he's your boyfriend, not your husband, so the only one there that will matter is the child. You are not considered his family. The first court order generally takes precedence, then he may (depending on statute) get a small allowance for subsequent children.

Ok so you two broke up and within but a few weeks or less your both having sex with others!:rolleyes: One or both of you even having unprotected sex.:wallbang: You are a legal stranger, if child is his. This is not your issue its his

Seniorjudge, CourtClerk & Panter10758:
My mother always taught me that if you didn't have anything nice to say...don't say anything! The same goes for this forum...If you don't have anything helpful to say, just keep your ignorant mouth shut and go on! Your title of "Senior Member" would make one think you might have some knowledge, but appearantly you are just as ignorant as myself and others that post questions on this site. Take your smart%$# comments somewhere else!

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Quoting confused_wife

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Seniorjudge, CourtClerk & Panter10758:
My mother always taught me that if you didn't have anything nice to say...don't say anything! The same goes for this forum...If you don't have anything helpful to say, just keep your ignorant mouth shut and go on! Your title of "Senior Member" would make one think you might have some knowledge, but appearantly you are just as ignorant as myself and others that post questions on this site. Take your smart%$# comments somewhere else!

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How is this post helping the OP?

CourtClerk was correct in the response. If the paternity test comes back and he is the father, he will have to pay.

There is really nothing the OP can do to protect her family since the proceedings have already begun for the other child. The mother of the other child filed first, if OP ever goes after support from boyfriend, the other child's support will be deducted first and she will get a percentage of what is left.

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Quoting confused_wife

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Seniorjudge, CourtClerk & Panter10758:
My mother always taught me that if you didn't have anything nice to say...don't say anything! The same goes for this forum...If you don't have anything helpful to say, just keep your ignorant mouth shut and go on! Your title of "Senior Member" would make one think you might have some knowledge, but appearantly you are just as ignorant as myself and others that post questions on this site. Take your smart%$# comments somewhere else!

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Perhaps some warm and fuzzy forum that will tell you what you want to hear would be better!? You asked we answered we arent required that you like us or answer

Confused Wife does not seem to be able to see that LEGAL information was provided for Bronco Girl...

To spell it out
"The DNA tests will clear it up.
He will be responsible for supporting that child too.
He'll need to petition for a paternity test and deal with the outcome when he gets it.
The only one there that will matter is the child.
The first court order generally takes precedence, then he may (depending on statute) get a small allowance for subsequent children.
You are a legal stranger, if child is his.
This is not your issue its his."

All of Bronco Girl's legal concerns were addressed. If the OP did not know this information and made the mistake of trying to address the judge in court or asked her boyfriend to make a legal response that refuted the other mother's right to ask for a paternity test 3 years after the child's birth or to state their relationship would be damaged if child support were ordered to the other mother - she could SERIOUSLY damage her boyfriend's chances of a straight up fair hearing by the Court.

If the OP angers the judge or causes the boyfriend to anger the judge, the boyfriend could be admonished by the Court or worse. This could cost her boyfriend ten's of thousands of dollars over the next 15 years.

I just don't understand why some people are so unappreciative of the advice they receive - or even of the advice give to others :confused:

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Quoting confused_wife

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Seniorjudge, CourtClerk & Panter10758:
My mother always taught me that if you didn't have anything nice to say...don't say anything! The same goes for this forum...If you don't have anything helpful to say, just keep your ignorant mouth shut and go on! Your title of "Senior Member" would make one think you might have some knowledge, but appearantly you are just as ignorant as myself and others that post questions on this site. Take your smart%$# comments somewhere else!

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Tsk tsk... didn't YOUR mother tell you to watch your language? Although your mother told you not to say anything if you couldn't say something nice, mine told me to speak my mind. As far as MY ignorance... I'll post my degree and experience, you post yours. We'll see what sticks...k?

However, next time I want your opinion, I'll ask for it. Don't hold your breath though, I won't be asking anytime soon.

Since she has petitioned the court for child support, that means she comes first? That doesn't make sense at all, or at least it is not fair. Why would I have bothered going to court for child support, when he was already supporting him 100%? So, since I didn't have child support court ordered, unaware that this "incident" would come up, she may end up taking him for everything he is worth, and our son comes last. That is just NOT FAIR at all.
Also, in no means was I going to get involved. I do understand that it is his problem. I was not going to directly or even indirectly put my two sense in worth to the judge or anything. I primarily am concerned about the support that my son will be received, when and if he is required to pay child support. I am just so frustrated now, I feel like screaming and punching a wall.

I also know that it was a horrible thing that we both ended up sleeping with other people in such a short time. My boyfriend was the very first person I was ever with, and I was 17 at the time. We both made stupid mistakes when we broke up. I was trying to get him off my mind, and he was doing the same. It is easier to get over someone when you replace that with something else, (even though it was the worst thing to replace it with). But I am not asking for advice, so that everyone may judge me, so please don't.

I know that what will happen, will happen, and there is nothing that I can do about it. I actually wish I had not posted to this forum now, because I am now just really upset. It upsets me more than anything that there are so many children in this world who do not know there real father, and so many woman in this world who also do not know who their baby's real father is. It upsets me more the children themselves, because they did not ask for. I truly hope that this girl finds out who the dad is, but at this point an relationship that child may have with her father is already tainted. It also angers me to no end, that as hard as I try to do the right thing by my son, and as hard as we work to maintain our "family" (legal status on the back burning, because we are a family regardless), we also get screwed. There has to be something that I can do, or show, or give to my boyfriend to present to the court, that allows them to rule in our favor, in our son's favor, of us coming first. Why can the court not look at this girl, and realize that she is just money hungry now, she is doing this only for her personal interest (if you all only knew her). Not even her own family can stand her at this point. Why does the state system always have to rule in the favor of the people who do not try? Why do they have to grant so much assistance to all the people who don't work, have multiple children by multiple people, and are just using the state to take what they feel is "rightfully" theirs?
I started working at 16, had a government job at 17, which I am still working almost 6 years later. When I got pregnant with my son, I really wasn't making the money to afford the bills. I went to the state and asked what help I could get. I didn't quit my job, I stayed working, and I was also going to school full time, and still am. But you know what the state told me - I made to much money, and at that time, I was only making 9.16 an hour, working 32 hours a week. The only thing I qualified for was state medical and WIC for my son, and when I got an increase up to 10.32, they took WIC away. I moved into a contractor position still working for the Navy, got bumped up to 15 and received medical insurance, and I called the very next day and called state medical assistance. Here I was working my butt off, and they wouldn't help with anything else. Had I had two more kids, and worked at McDonald's I would have been living the high life. And this is the same situation, I am still working my butt of to support us, and here this tramp comes in, not doing anything, not working, get TA from the state, state medical, food stamps, and God knows what else, and she is going to go after my boyfriend, and in worst case scenerio, we will fall two steps back, and have to work even harder to move forward, and she still wont be doing anything.......


Anways, I am done venting.


Eventually I will wake up, and the nightmare will be over.
The world can only be but so cruel, right?

Ok. I have another off the wall question, concerning this. We have been talking about getting married, and I have wanted to wait till we get our own house, and I finish school. But, what if we got married, before he went to court. Would that make any difference concerning us as a family, and the welfare of our child, inregards to his father's support?

he doesn't go to court until July, so we would have time to get married in the courthouse.

Also, there is no way that we got married then they could use a combined income to base child support, right? Since it is him they are going after, not me......?

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Quoting BroncoGirl

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...she may end up taking him for everything he is worth, and our son comes last. That is just NOT FAIR at all.

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This woman can not take him for all he is worth. Her child (if he is also the child of your boyfriend) is entitled to a certain percentage of the father's pay. It really does not have that much to do with HER - it is for what is in the best interest of the child. Look at it this way - if the father does not financially support the child - who do you think does? The rest of US. That is not fair either.

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Quoting BroncoGirl

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But I am not asking for advice, so that everyone may judge me, so please don't. Why can the court not look at this girl, and realize that she is just money hungry now, she is doing this only for her personal interest (if you all only knew her). Not even her own family can stand her at this point.

And this is the same situation, I am still working my butt of to support us, and here this tramp comes in, not doing anything, not working, get TA from the state, state medical, food stamps, and God knows what else, and she is going to go after my boyfriend, and in worst case scenerio, we will fall two steps back, and have to work even harder to move forward, and she still wont be doing anything.......

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OKAY - but now you are asking us to judge her and not you?? And what about your boyfriend? He CHOSE to have sex with this woman in the first place. Surely some of the blame for the mother not knowing who the father might be rests on his shoulders?

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Quoting BroncoGirl

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I primarily am concerned about the support that my son will be received, when and if he is required to pay child support. I am just so frustrated now, I feel like screaming and punching a wall.

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GOOD! Keep your focus on your son - not the other mom. You have to love him more than you hate her.
If you want to make sure your son continues to be financially supported by his father - file for child support!