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Not the father, but pursued for child support

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  • 04-22-2006, 09:02 AM
    JamesG
    Not the father, but pursued for child support
    Here's the situation. A girl that i knew and dated a lil while called me one day and said that she was preganant and that she was sure i was the father. I had not heard from the girl in like 4 months and then calls me out of the blue and tells me she was 7 1/2 months pregnant with my kid. I naturally asked her over and over like 50 times if she was sure it was mine and she said there is no one else withing 3 months of me. Anyways i believed her had the baby oct. of 2004 and got together in nov. well everything was good until last july 2005 when she broke up with me and filed for child support. I thought something was fishy so i got a dna kit online and did a test and sent it in. It came back that i was not the father. i was devastated and cut ties with her and have not seen the kid since then which has been tough. anyways i told her and she said that there was one guy two weeks before me but she thought i was the father so she said nothing about him. Anyways I finally got served a couple days ago with the child support papers that she filed for before i had the test done. When i did find out about him i called the friend of the court and they told me that i had to wait to recieve the papers before i could do anything, thats why i never did anything about the paternity test. My question is what should i do and what is the best way to pursue this since i just recieved the child support papers. I'm not paying yet, it's just a summons to go to court for it and get it established. Does anyone have any advice as to what to say or do and what route i should take so i dont get screwed. Should i wait till the court date or can i do anything before it. P.S. She hasn't even told the real father yet about him yet and she is pregnant with another one.
  • 04-24-2006, 03:48 PM
    whatdoyouthink
    do not sign anything. get a lawyer now and he will take care of things. a good lawyer. did you sign the birht certificate? if oyu did not then this is no big deal. if you are not documented as the father then ask the court when you go for a paternity test-you will have to take the one that stands up in court-490$. all the mnoey you are out for the lawyer-etc. is a lot less tthan 16 years of child support. do not sign anything. good luck.
  • 04-25-2006, 12:57 AM
    aaron
    Is this an action to establish your paternity and then assess support? Or just to assess support? If it is to establish paternity, you can demand a DNA test through the court. If it is just about support, what facts are alleged in the complaint as proof of your paternity?
  • 04-25-2006, 08:59 AM
    JamesG
    Yes I did sign the birth certificate. I was dumb and believed her and signed it when he was born. Then got the test 9 months later. I know it was stupid but it happened. What advice do you have for me now.
  • 04-25-2006, 09:00 AM
    JamesG
    The order is for child support because she filed for it before i got the test so as far as the court is concerned, they don't know that i had one done and he is not mine. They are just trying to get child support right now.
  • 04-26-2006, 02:35 AM
    aaron
    You should bring a motion as part of this action for DNA testing, and to have the affidavit of parentage set aside. It will likely be helpful for you to get the assistance of a lawyer.
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