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  1. #1

    Default Are You Still Responsible for Arrears on a Child That’s Proven Not Yours

    My question involves child support in the State of: Texas

    DNA test proves my husband NOT the father of a child he's never met and that he pays child support for. The baby momma went to the Texas OAG in August 2008 and ask for child support and back time from when the child was born in 2004. So that’s a whopping $12,000 for a child that’s not his!!! OAG websites states under the mistaken paternity section on the FAQ’s page, that the NON-dad is still responsible for arrears. How is that possible? Why would he be responsible for a child that's not his and somebody else’s???? To top that off if they find the real dad, that man doesn't have to pay back time! How is this right...even ethical? My husband was never served from the beginning and already living in another state in August 2008 and didn't have money for a lawyer at the time. All the OAG does to notify the non-custodial parents is sending out notification of the mediation meeting through the mail. According to the OAG if you don’t go to the mediation, a court date is set. But my husband was never even served! We only found out about the order when we were visiting in late September when we received a copy of the final order. So when we moved back to Texas in May 2011 we got a lawyer and got DNA request filed with the court which was granted and DNA results were 0%. Why the non-dad responsible for arrears and not the baby momma for paternity fraud for signing an affidavit stating she only had sex with him and only him, in front of a notary. Maybe I might be reading something wrong but my husband was never married to her and hasn’t had a relationship with the child. Her family didn’t want him around the baby so he just gave her what she wanted. They both should’ve done something legally at the time but it’s done. But can someone help me out here.

  2. #2
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    Default Re: Are You Still Responsible for Arrears on a Child That’s Proven Not Yours

    how was he originally determined to be the father? The court does not impose child support on a man that has either not accepted paternity by signing an affidavit of paternity, is the husband of the mother, has had a DNA test to prove paternity, or has failed to defend himself when sued for paternity.

  3. #3

    Default Re: Are You Still Responsible for Arrears on a Child That’s Proven Not Yours

    He didn't go to court. So that in the state of Texas is considered father by default. There's an affidavit at the end of the order signed by the mother and a notary saying she only had sex with him-- that's what makes him dad and him not going to court. The front page is the served page and my husband’s section is BLANK. Meaning he never was served.

  4. #4
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    Default Re: Are You Still Responsible for Arrears on a Child That’s Proven Not Yours

    If he was never served, he needs to have the ruling set aside due to defective service.

    there is a huge difference between not going to court if you are served and simply never being served. While both can result in a default judgment, only the first one is enforceable.

  5. #5
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    Default Re: Are You Still Responsible for Arrears on a Child That’s Proven Not Yours

    Quote Quoting hbarboza4139
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    He didn't go to court. So that in the state of Texas is considered father by default. There's an affidavit at the end of the order signed by the mother and a notary saying she only had sex with him-- that's what makes him dad and him not going to court. The front page is the served page and my husband’s section is BLANK. Meaning he never was served.

    Not so fast.

    Dad needs to check the actual court records - and Dad needs to make sure he wasn't served by publication.

    AND if this took place in 2008, the court might want to know why it's taken so long to act.

    And while I know this is frustrating and emotional for you, could you please explain this?

    You said:

    My husband was never served from the beginning and already living in another state in August 2008 and didn't have money for a lawyer at the time.
    If he was never served, why would he have needed an attorney at the time? In other words - why would it have even been an issue?

  6. #6

    Default Re: Are You Still Responsible for Arrears on a Child That’s Proven Not Yours

    He was in Louisiana therefore he was never actually served. It's on the first page of the order. He wasn't served or the section would've been filled in. He found out after the fact when he received the final order at his dads house. But now that he's not the father why or is he responsible for arrears?

  7. #7
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    Default Re: Are You Still Responsible for Arrears on a Child That’s Proven Not Yours

    ...he received the final order at his Dad's house?

    Why would they have his Dad's address? Is it possible that he was actually served there and it's simply an omission in the form your husband has?

    To answer your last question though, he is the legal father - there comes a point where biology no longer matters. Same answer regarding arrears.

  8. #8

    Default Re: Are You Still Responsible for Arrears on a Child That’s Proven Not Yours

    I mean after the fact... when we were in Louisiana that's when we couldn't afford a lawyer. We tried to get a lawyer in the beginning of 2009 just to do the DNA test but it didn't happen due the hours he was working and other issues. Yes it should’ve got taken care of sooner but we were in different state 10 hours away from where the child resided. Guess we really thought the kid was his. I thought the kid really looked like him. But there still was some doubt just because there wasn't a DNA test done at the beginning. So when we moved back home we got the lawyer and started the process. Our lawyer said that we might have to fight the arrears but he shouldn't be responsible. Just came to the forum to see if anybody has seen or gone through a similar situation.

    According to the order there's an information sheet where a case worker conducted research to gather information on the father. They got the address and income information from the employer.

  9. #9
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    Default Re: Are You Still Responsible for Arrears on a Child That’s Proven Not Yours

    Has your attorney actually indicated that disestablishing paternity is possible at this point?

    The question of child support and arrears will - and I know you and Dad don't want to read this, and I wouldn't either - be moot if he cannot disestablish his legal paternity.

    The question of service might not be an issue any longer.

  10. #10
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    Default Re: Are You Still Responsible for Arrears on a Child That’s Proven Not Yours

    Quote Quoting hbarboza4139
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    He was in Louisiana therefore he was never actually served. It's on the first page of the order. He wasn't served or the section would've been filled in. He found out after the fact when he received the final order at his dads house. But now that he's not the father why or is he responsible for arrears?
    what does living in Louisiana have to do with being served?

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