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  1. #1

    Default Child Support In Texas

    Hello,

    I live in Texas and I have a five year old daughter. Her father is telling me that he has taken a DNA test and she is not his. We have never been married and he signed the acknowledgment of paternity. We have been to court several times over custody issues, child support and other things. I have been through hell with this guy!!! There is a court order for child support, which he has not been paying. He just started a new job and the OAG sent a letter to his employer to start deducting the money from his paycheck. This made him very upset and he told me that whatever they take out of his check I need to give back to him since it rightfully is not mine because he is not her real father. He has been declared by the court her legal father though.

    Basically he said that he is going to take me to court because he still wants all the parental rights to my daughter, but he does not want to have to pay child support. He also stated that he is going to have the judge make me pay everything that I have received in child support back to him?

    I need advice.

  2. #2
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: 5 Year Old

    Is there a possibility that he ISN'T the father?

  3. #3

    Default Re: 5 Year Old

    yes there is

  4. #4
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: 5 Year Old

    Quote Quoting andrea-garza
    View Post
    yes there is
    If you knew that, why did you allow him to sign the AOP and why did you allow court orders to be issued without bringing this up?

  5. #5
    Join Date
    May 2006
    Location
    CT
    Posts
    8

    Default Re: 5 Year Old

    Did he sign the AOP KNOWING that another man could be the father?

    Did you TELL HIM or did you keep that fact a secret from him?

    He also stated that he is going to have the judge make me pay everything that I have received in child support back to him?
    Well if you have duped him...lied about the possibility that more than one man could have fathered this chid, then isn't is WRONG that he be paying for a child he did NOT father? Shouln't YOU be held responsible?

  6. #6

    Default Re: 5 Year Old

    I thought this was a legal forum. Not a "cast the first stone" website.
    I thought that members were supposed to help people in legal situations.
    NOT give their personal self righteous opinions of what should've been done.
    I personally don't know the circumstances that led this woman to hide the fact that someone else could've been the father.
    It's my understanding that once they voluntarily signed the AOP, they have a certain amount of time of claiming non paternity. Regardless of the state.
    Also, the best interest of the child come into play. I thought if he was the legal father, after a certain time and unless the bio comes forward, he would be the legal father forever more.

  7. #7
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: 5 Year Old

    Quote Quoting seekingadoption
    View Post
    I personally don't know the circumstances that led this woman to hide the fact that someone else could've been the father.
    She never said she hid it.

    In the state of Texas, you have 60 days to rescind the AOP:

    What if one or both parents change their mind after they have signed the AOP and it has been filed at BVS?

    Anyone who signed the AOP may file a petition to rescind it. The petition must be filed in court within the first 60 days after the AOP has been filed with BVS or before the first court hearing, whichever is earlier.

    http://www.oag.state.tx.us/AG_Public...aternity.shtml
    Andrea, have you seen the results of the DNA test he claims to have had?

    He can't have it both ways. Either he retains parental rights and continues to pay child support, or he doesn't retain rights and no longer pays support. He does not get to claim all parental rights, but refuse to support the child.

  8. #8

    Default Re: 5 Year Old

    Thank you all for your input.

    When me and my daughters father got together I had just broken up with my boyfriend. I had taken a couple of pregnancy tests before he decided to leave because he wanted to try and work things out if I was. All the at home pregnancy tests that I took said I was not. I

    I had already known my daughters father because he was my cousins best friend. When me and my boyfriend at the time broke up we started seeing each other. We used protection the first couple of times we were together, but one night we didn't. The next day I asked him if "anything" happened and he said no. Well a few days later he said he didn't want me to be scared but the "anything" I was talking about did happen. I was so upset. About a two weeks after that night I took a few more pregnancy tests and they again all came out negative so I went to a doctors office. I took two pregnancy tests there a regular one and then a ten day conception test. Both came out negative. I explained the situation to the doctor and she told me that if I were to take a test in another few weeks and it came back positive the father would likely be the second guy (my daughters father) because of the time frame. My daughters father was with me through all of this and I never hid anything from him. He knew the situation from the very beginning.

    He was the one that wanted to sign the AOP right in the hospital. He did not want to wait. He went to great lengths to make sure that he was going to be a part of her lift no matter what. When we went to the OAG for child support he declined to have a paternity test done. When we went before the judge he AGAIN declined to have a paternity test done. When him and I were having major problems and he was threatening me that he was going to try and take her away from me I told him that I wanted to have a test done, he refused. After all that, we went back to court because he wanted to ask that I be put under GEOGRAPHICAL RESTRICTION because I wanted to move and he did not want me to. I did not have a lawyer and he did so basically he got his way. I thought the judge was going to be fair and he was a total jerk!! It was the worst nightmare of my life. I tried to explain to him the situation and he was not hearing it. I am not a lawyer so I really did not know what to say or do and he kept getting angry with me at that.

    So her dad ended up getting a job that payed him cash because he did not want the govt to be taking money out of his check every few weeks. He started working at a place that pays him with a check and they started taking the money out again. This made him angry so he said he went and had a test done and it came back that he is not her father. I have NOT seen the results. My daughter has been part of his life for almost six years now. If he is not her father than fine, but I don't want him to have rights to her if he doesn't want to help take care of her. If he does then great. Either way I am ok with. I hope this helps clarify things and helps with your advice.

    Thanks

  9. #9
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: 5 Year Old

    Get a lawyer and sue for the results.

    Honestly, I think he's blowing smoke. He's not very bright, if he thinks a judge will award him all parental rights, but not have to pay support, particularly if he's not the child's biological father.

  10. #10
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: 5 Year Old

    Quote Quoting andrea-garza
    View Post
    When we went to the OAG for child support he declined to have a paternity test done. When we went before the judge he AGAIN declined to have a paternity test done.

    After all that, we went back to court because he wanted to ask that I be put under GEOGRAPHICAL RESTRICTION because I wanted to move and he did not want me to.

    My daughter has been part of his life for almost six years now. If he is not her father than fine, but I don't want him to have rights to her if he doesn't want to help take care of her. If he does then great. Either way I am ok with.
    This man is the legal father of your daughter. It is too late now for him to say he is not just so he does not have to provide her with financial support. As the father it is completely with his rights to ask a court to restrict you from moving away with the child. That is why the judge agreed. If he files with the court to change the support order as threatened make SURE you file a response in the time allotted and do not miss the hearing.

    If the judge can not determine the father's wages because he is being paid under the table again then his income will be imputed by the Court. Be sure to bring all of your financial documents as well. If he does not file for a CS modification as threatened and quits his job so his CS is not garnished then you need to file asking the court to enforce the current order.

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