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Not the Father, but Sued Again

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  • 06-15-2009, 10:31 AM
    MominTX
    Not the Father, but Sued Again
    My question involves child support in the State of: Texas

    My husband was sued for child support in 1994. The results of the paternity test showed he was 99.9% NOT the father of this child and the case was dismissed. He was served papers over the weekend for child support on the same child. :confused:

    I'm assuming it is possible to sue again if you believe someone is the father, but if there is records of the last paternity test can he be made to retake the test? If for some reason there was a mistake with the results of the 1st test, will he be responsible to pay back child support? The child will be 18 in 2 months. :eek:
  • 06-15-2009, 10:54 AM
    Baystategirl
    Re: Not the Father, but Sued Again
    Quote:

    Quoting MominTX
    View Post
    My question involves child support in the State of: Texas

    My husband was sued for child support in 1994. The results of the paternity test showed he was 99.9% NOT the father of this child and the case was dismissed. He was served papers over the weekend for child support on the same child. :confused:

    I'm assuming it is possible to sue again if you believe someone is the father, but if there is records of the last paternity test can he be made to retake the test? If for some reason there was a mistake with the results of the 1st test, will he be responsible to pay back child support? The child will be 18 in 2 months. :eek:

    Is Dad listed as the LEGAL father? If that is the case then whether he is the BIOLOGICAL father isn't a legal concern.

    If this is just an attempt by the mother to have your hubby saddled with CS then hubby NEEDS to file for a dismissal of the case based on his not being the father. If he can afford an attorney to handle this , then he should hire one to represent him.
  • 06-16-2009, 07:05 AM
    MominTX
    Re: Not the Father, but Sued Again
    Quote:

    Quoting Baystategirl
    View Post
    Is Dad listed as the LEGAL father? If that is the case then whether he is the BIOLOGICAL father isn't a legal concern.

    If this is just an attempt by the mother to have your hubby saddled with CS then hubby NEEDS to file for a dismissal of the case based on his not being the father. If he can afford an attorney to handle this , then he should hire one to represent him.

    No, he is not listed as the father. He was told by the CS office that it may get dismissed this time, due to the fact it was dismissed last time.

    I just can't wrap my brain around why she would sue again after hearing he was not the father. I guess she really believes he is :confused:
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