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Child Support Modification

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  • 11-04-2008, 11:19 AM
    MamaRia
    Child Support Modification
    My question involves child support in the State of: Washington

    My ex husband and I have been divorced for 10 years. We have 3 children. Up until a year ago, I had our two younger children and he had custody of the older. Last year, the oldest came to live with me so now I have all three kids. We have never really fought over child support, he just paid me what he could afford, which was pretty decent, 300 at first then 600 when I got all 3 kids.

    Well the big issue is our middle child. He is not my ex's child (no, I dont know who the father is - drunk night with a bad decision). My ex has always known this and infact we seperated for a while during pregnancy then got back together before he was born. My ex was at the birth, cut the cord, signed the birth certificate and has always claimed him as his son. He has always paid support for him and provided him insurance and claimed him on his military things. He has been his dad for almost 15 years.

    I have recently told him I want him to start paying what is the proper amount for 3 kids. Now I am wondering if he will be legally responsible to continue to pay for the middle child. Or if after 14 years he will be able to deny the child.
  • 11-04-2008, 12:06 PM
    Neal1421
    Re: Child Support Modification
    Quote:

    Quoting MamaRia
    View Post
    My question involves child support in the State of: Washington

    My ex husband and I have been divorced for 10 years. We have 3 children. Up until a year ago, I had our two younger children and he had custody of the older. Last year, the oldest came to live with me so now I have all three kids. We have never really fought over child support, he just paid me what he could afford, which was pretty decent, 300 at first then 600 when I got all 3 kids.

    Well the big issue is our middle child. He is not my ex's child (no, I dont know who the father is - drunk night with a bad decision). My ex has always known this and infact we seperated for a while during pregnancy then got back together before he was born. My ex was at the birth, cut the cord, signed the birth certificate and has always claimed him as his son. He has always paid support for him and provided him insurance and claimed him on his military things. He has been his dad for almost 15 years.

    I have recently told him I want him to start paying what is the proper amount for 3 kids. Now I am wondering if he will be legally responsible to continue to pay for the middle child. Or if after 14 years he will be able to deny the child.


    Yes, he will have to pay for the child. Legally the child is his, it is too late to contest paternity.
  • 11-08-2008, 09:35 PM
    monkeylady
    Re: Child Support Modification
    i don't know your state's laws.
    in virginia, we passed a law for "disestablishment of paternity"
    ANY man may petition the court under this if he wants to question paternity at ANY time. There are conditions and if those conditions are met, he can be granted a DNA by the Court and have child support orders reflect only his biological children.
    Locally, we've had two cases of Paternity Fraud successfully argued.
    Once the order determining parentage is done, birth records are automatically updated.
  • 11-09-2008, 08:50 AM
    queenie2
    Re: Child Support Modification
    Quote:

    Quoting monkeylady
    View Post
    i don't know your state's laws.
    in virginia, we passed a law for "disestablishment of paternity"
    ANY man may petition the court under this if he wants to question paternity at ANY time. There are conditions and if those conditions are met, he can be granted a DNA by the Court and have child support orders reflect only his biological children.
    Locally, we've had two cases of Paternity Fraud successfully argued.
    Once the order determining parentage is done, birth records are automatically updated.

    Even in Virginia, this man would not be allowed to contest paternity. He knew the child was not his, but claimed him as his own. That is one of the exceptions preventing disestablishment of paternity in Virginia.
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