Hi, I am new here and facing a crisis. I live in Ohio, where I have lived for my whole life, I was married for over ten years, and divorced in 98.
During my marriage I cheated on my husband, and he cheated on me, plus there was some more complicated situations, but that is neither here nor there. When I divorced I asked for nothing from my ex except custody of my son, I didn't even want child support. I was told in court that Ohio law requires that a child support order be set. This may or may not be exactly true, but based on our incomes my ex was required to pay about $100 a week child support. We agreed on shared parenting on paper, but my son only sees my ex about once a month, and never stays over. About 2 to 3 years ago my ex told my, then 14 year old, son that he didn't think he was his father. My son asked me and my current husband about this, and we decided to tell him that there was a possibility that this was true. He asked who the other person was, and if it was someone he knew, which it was so I told him. After going off on my ex for saying this to a 14 year old, I thought it was more or less dropped.
The problem is that I just found out, when I was served with papers, that after finding out he was infertile my ex had a DNA test ran that proves he is not my sons biological father. I asked my now 16 year old son about it and he said that his dad's girlfriend swabbed his mouth a few months ago for this. My ex has known the results since early April, my son has known for a little over a month, and his dad told him nothing would change, he just didn't want to pay support anymore. My son says, "he guesses he should have told me! Now my issues...
My ex says that I committed fraud when I said he was my sons father, but I didn't know he wasn't. We were sleeping together during the time that my son was conceived, yes I cheated on him during the same time period, but we were still having marital relations. We remained married for 7 years after this time. He is asking the courts to terminate his child support, and to order me to reimburse him for the support he has paid. Plus he wants me to pay for his current fees, testing, and his past attorneys fees from when we divorced nearly ten years ago. What are the chances of the court doing all of this? If they terminate the child support that is no big deal, as I said before I didn't want it in the first place. And will my son have to change his name?
Tammy in Ohio