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  1. #1
    Join Date
    Aug 2012
    Posts
    1

    Default Getting Back Child Support from Someone Not Listed on the Birth Certificate

    My question involves child support in the State of: Texas

    My fiance was in a relationship with a woman 7 years ago, she cheated, he left her, a month later she announced she was pregnant with his child, she then met a man and married him a few weeks later (sorry for the sentence fragment!). My fiance, John Doe, was not present for the birth of his daughter (he was not informed she had gone into labor) but from what I understand legally her husband was recognized as the father anyways. So this woman, Jane Doe, has her current husband on the birth certificate. Luckily, she has never kept John from seeing his little girl. She has also allowed me to be a part of this childs life when I came into the picture several years ago which has been a blessing.

    We buy her neccesities, spend as much time as possible with her, and attempt to make things as normal as we can. A few weeks ago, Jane sat us down and told us she will be suing John for the last 7 years of child support if we do not start paying more. We are fine with this and willing to do whatever we can to keep the peace but I am worried she will sue anyways. My question is can John end up responsible for 7 years of support?

    The kicker is that Jane is still married with 2 more kids and now pregnant with another man's baby, who I presume will not be listed on the birth certificate and the cycle will start all over.

  2. #2
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Getting Back Child Support from Someone Not Listed on the Birth Certificate

    No, she cannot retroactively sue for child support.
    This is a mess though, because she can keep the child from you. Legally, both you and your fiance are strangers to this little girl.
    If you like, you can continue to give her money for the child; it's not mandated, and it's really up to you. I would not allow myself (or my fiance) to be blackmailed, however.

  3. #3
    Join Date
    Aug 2012
    Posts
    9

    Default Re: Getting Back Child Support from Someone Not Listed on the Birth Certificate

    You will live with this fear forever if you don't go to court and A. Prove paternity (if that's at all in question) and B. get a child support order from the state. That way you don't have to worry about her changing her mind. Is the amount she wants a fair amount? Do you think if you went to court and compared her income to his, that she would get more than he is paying now, or less. Depending on your state, her husband's income could factor in to the equation, which might mean less for your BF to pay.

    In the meantime, no cash, get receipts signed by the mother, write checks, leave a papertrail.

    My husband's ex WAS able to get back support to daughter's birth when she finally filed for support when husband's daughter was 3 years old when they broke up. Of course, husband didn't fight it and he is still stuck paying on those arrears.

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