Results 1 to 10 of 10
  1. #1
    Join Date
    Jun 2010
    Posts
    5

    Default Not Married or Listed on the Birth Certificate, but Paying Child Support

    My question involves child support in the State of: Louisiana

    I was dating a women in Louisiana. I came home to find her with another man. We were "roommates" for another 2 months when I finally got the military to force her to move out. At that time she declared that she was 2 months pregnant. First issue was we had not slept together in 4 months. So I told her to let the guy she had slept with know.

    A few months later I was deployed. When I came back from deployment I found that I had been named the father and was being forced to pay child support all due to failure to appear in court. I got the support worker to hold the case so i could establish paternity, but the mother refused. After 6 months of fighting with her I was told there was nothing I could do.

    I have continued to fight with Louisiana about this for many years. And always being told I have to prove her to be lying. All the burden of proof lies with me.

    Since then I have been told *by her own mother* that the child does not reside with her but with her own father. Her father lives in a different state and she is now married with a new child and only visits her eldest occasionally. Also I was told by her mother that she was present at the time of birth and that the hospital refused to put a father down because of not being married and the supposed father not being present.

    How did she get a court order stating I was the father, without a birth certificate, with no corroboration to her story? Fraud? How can I fight this? What are the steps I need to take?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Not Married - Not Listed on Birth Cert - Paying Child Support

    How old is the child?

    What do you mean by the mother refused to establish paternity?

    Did you actually file anything yourself?

    Did you invoke the SSCRA?

  3. #3
    Join Date
    Jun 2010
    Posts
    5

    Default Re: Not Married - Not Listed on Birth Cert - Paying Child Support

    The child is now 7 yrs old.

    She refused to get a paternity test done. I did not have a court order to make her get one done.

    I did not file anything myself. I could not afford an attorney and was told that only a paternty test would get things resolved.

    I dont know what SSCRA is. Going to have to look that up.

    Solders and Sailors Civil Relief Act - I browsed through but dont really understand what it would cover in this situation. I basically read that theres a 90day stay period befre a judgement can be passed. I tried during that time frame to get a paternity test done and finally because I could not get one I basically gave up. I was 20yrs old at the time and didnt understand the law, my rights, or anything else involving this.

    I just dont understand how a court would grant child support to someone with a brith cert that doesnt even have a fathers name on it, no marriage, and no established paternity.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Not Married - Not Listed on Birth Cert - Paying Child Support

    The SSCRA is The Soldiers and Sailors Civil Relief Act, a law that would have allowed you to stay proceedings in the paternity case during your deployment. It has since been replaced with the Servicemembers Civil Relief Act (SCRA).

    I don't see a Louisiana statute that would allow you to challenge a paternity order after this much time, based upon your belief that a DNA test will disprove your paternity. I'm not sure what happened during the early phases of the case, but it is not the case that mom can refuse a court-ordered paternity test and by virtue of that refusal have somebody declared to be the father - it sounds like you either didn't properly request testing or you defaulted before making the request such that the judge regarded the issue as moot. I suggest consulting a lawyer about your current options, ideally taking with you to your appointment a copy of all of the documents from the court file from the original paternity action.

  5. #5
    Join Date
    Jun 2010
    Posts
    5

    Default Re: Not Married - Not Listed on Birth Cert - Paying Child Support

    If it turns out that I am not listed on the original birth certificate, how does a court grant child support? If the court was given a "false" birth certificate that has my name on it, that is fraud correct?

    As for paper work, I have none. I never even recieved a summons to appear in court 7 years ago. I have no paper work other than pay notices from LA Friend of the Court.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Not Married - Not Listed on Birth Cert - Paying Child Support

    Quote Quoting stesneys
    View Post
    If it turns out that I am not listed on the original birth certificate, how does a court grant child support? If the court was given a "false" birth certificate that has my name on it, that is fraud correct?

    Because you don't need to appear on the birth certificate to be established as Dad.

    In order to enjoy the protection of SSCRA you would have needed to invoke it; if you didn't (or weren't aware of it) then it's more than likely that the court established paternity by default, in your absence.

    Frankly I don't think you have any chance of disestablishing paternity at this point but it wouldn't hurt consulting a local family law attorney as Mr KnowItAll suggested.

  7. #7
    Join Date
    Jun 2010
    Posts
    5

    Default Re: Not Married - Not Listed on Birth Cert - Paying Child Support

    I will be consulting an attorney for sure. I just dont have excess funds to throw towards this. I just dont understand how a court can basically deem someone a father with no proof. Bascially any women can have a child, go to court and name any Joe Blow she wants as the father, and if that guy is unaware of any of it, he gets nailed for child support. That seems a little wrong just a bit. At some point a federal law needs to be established that says paternity MUST be established before child support is given.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Not Married - Not Listed on Birth Cert - Paying Child Support

    Quote Quoting stesneys
    View Post
    I will be consulting an attorney for sure. I just dont have excess funds to throw towards this. I just dont understand how a court can basically deem someone a father with no proof. Bascially any women can have a child, go to court and name any Joe Blow she wants as the father, and if that guy is unaware of any of it, he gets nailed for child support. That seems a little wrong just a bit. At some point a federal law needs to be established that says paternity MUST be established before child support is given.

    Paternity WAS established....

    ...legal paternity does not necessarily involve biology. You were apparently established as the legal father.

    You could have filed for a court-ordered DNA test; you had time in which to do so. You said yourself that you got the case worker to put the case on hold yet you didn't file anything. For all practical matters you agreed with the proceedings.

    I'm sorry I just cannot see this being overturned at this point.

  9. #9
    Join Date
    Jun 2010
    Posts
    5

    Default Re: Not Married - Not Listed on Birth Cert - Paying Child Support

    Ok so if that is the case and I am stuck with paternity, what about the child not living with the mother for the last 3 - 4 years. The mothers own father has been raising the child in a different state while she is still collecting child support.

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Not Married - Not Listed on Birth Cert - Paying Child Support

    Child support would be paid one way or the other; by all means go to court and modify the original order to reflect that kiddo doesn't live with Mom. Likelihood is the payments will simply go to Grandpa.

    1. Sponsored Links
       

Similar Threads

  1. I'm Not Listed on My Son's Birth Certificate
    By theunloved in forum Paternity Law
    Replies: 15
    Last Post: 06-15-2011, 08:12 AM
  2. Not Listed on the Birth Certificate
    By tygger in forum Paternity Law
    Replies: 1
    Last Post: 11-14-2009, 10:34 AM
  3. Establishing an Order: Ex is Trying to File Child Support but No Father is Listed on Birth Certificate
    By jessb83 in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 10-18-2007, 06:40 PM
  4. Replies: 6
    Last Post: 07-25-2007, 03:58 PM
  5. Presumption of Paternity: Does There Have to be a Father Listed on a Birth Certificate
    By MGhent in forum Paternity Law
    Replies: 5
    Last Post: 05-11-2007, 05:31 AM
 
 
Sponsored Links

Legal Help, Information and Resources