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Required to pay child support for a 10 yr old I didnt know was mine???

This is a discussion on Required to pay child support for a 10 yr old I didnt know was mine??? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Months after a one night stand 10 yrs ago, a woman told me she was pregnant with my child. I ...

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Old Sep 16th, 2009, 06:23 PM   #1
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Default Required to pay child support for a 10 yr old I didnt know was mine???

Months after a one night stand 10 yrs ago, a woman told me she was pregnant with my child. I asked her if she was sure, and said we would have to do a paternity test. She said no. Then I didn't see or hear from her for 2 years. When I did see her, she said she was married, had a second child and did not mention a word about the child that was supposedly was mine. The father of the second child was raising the first as his own.

We have lived in the same county all of this time. My mother has lived in the same home for 15 years, and the woman knows that. If she wanted to contact me at any time, she could have. She only mentioned the child being mine once, and I did not believe her after she refused a paternity test.

3 months ago she emailed and asked me for $75 a week or else she would sue me for child support and back child support for the previous 9 years. I did not respond. Then I received a letter from the state of FL stating that I was the alleged parent of a child and they were pursuing a case against me.

I only know the childs first name. I was told he has the same last name as the man that fathered her second child. I do not know his date of birth. I have never laid eyes on him. I am NOT on the birth certificate. I have played no role in this childs life, whom has reportedly lived within 20 mins of me his entire life. This was her choice.

In her email, she doesnt want me to see the child, yet wants me to pay her support. What are my options???
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Old Sep 16th, 2009, 07:33 PM   #2
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Default Re: Required to pay child support for a 10 yr old I didnt know was mine???

If the State is pursuing it, they must prove you are the father of the child. You are under no legal obligation to submit to a paternity test.

This is yet another area of family law that needs changing. A mother pulling a stunt like this after all these years, still wanting to keep the child from the benefit of knowing his/her natural father but still wanting money from him. Also, it's unclear why the State of FL believes they have any legal standing if another man's name has been listed on the birth certificate as the child's father all these years. The State seems to want to have it both ways.

Let her prove you're the father. Of course, you could always demand a paternity test but do so only if you truly believe the child could not possibly be yours. Once you have been established as the child's legal father, child support will begin. But you also have rights at that point. You will be able to exert your right to either share custody or visitation.
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Old Sep 16th, 2009, 07:58 PM   #3
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Default Re: Required to pay child support for a 10 yr old I didnt know was mine???

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If the State is pursuing it, they must prove you are the father of the child. You are under no legal obligation to submit to a paternity test.

This is yet another area of family law that needs changing. A mother pulling a stunt like this after all these years, still wanting to keep the child from the benefit of knowing his/her natural father but still wanting money from him. Also, it's unclear why the State of FL believes they have any legal standing if another man's name has been listed on the birth certificate as the child's father all these years. The State seems to want to have it both ways.

Let her prove you're the father. Of course, you could always demand a paternity test but do so only if you truly believe the child could not possibly be yours. Once you have been established as the child's legal father, child support will begin. But you also have rights at that point. You will be able to exert your right to either share custody or visitation.
there is nothing in the original post that states there is another man listed on the birth certificate
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Old Sep 16th, 2009, 09:08 PM   #4
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Default Re: Required to pay child support for a 10 yr old I didnt know was mine???

"I only know the childs first name. I was told he has the same last name as the man that fathered her second child"


It stands to reason that if the child has the same last name as the other man then he must have signed the Birth Certificate.
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Old Sep 16th, 2009, 09:13 PM   #5
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Default Re: Required to pay child support for a 10 yr old I didnt know was mine???

"stand to reason" work well for you in court?

I could reason that a woman so stupid to the law, would have just given the child that name, and figured it was ok. I mean, she wants things from the father, but thinks she can keep him from seeing the child, too.

I will also reason that if she knowingly did that, she has commited a felony and the whole shape of the case changes....
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Old Sep 17th, 2009, 07:00 AM   #6
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Default Re: Required to pay child support for a 10 yr old I didnt know was mine???

No court gets that bent out of shape over a name on a birth cert. And a mother can technically give a child any name she wants to my understanding. I could have named my daughter Jill Smith instead of Jill Jones (fake names). If I'm wrong there...sorry.

He will eventually be under legal obligation to submit to testing if she files for child support and claims him to be the father. You can't dodge child support by refusing to submit to paternity testing.

If it is your child, she may file for child support, but back support takes a court order. Since you never knew for sure and this other man took the "father" role, she won't likely win ANY back support. Do NOT pay her voluntarily.

If you do get paternity and hit with child support, you may file for visitation once paternity is established. If you think it really may be your child - and she doesn't file for child support/visitation, consider pursuing it yourself. It'd take some time to get to know your child - but it could be worth it. You have a chance to make a difference in the childs life.
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Old Sep 17th, 2009, 07:16 AM   #7
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Default Re: Required to pay child support for a 10 yr old I didnt know was mine???

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No court gets that bent out of shape over a name on a birth cert. And a mother can technically give a child any name she wants to my understanding. I could have named my daughter Jill Smith instead of Jill Jones (fake names). If I'm wrong there...sorry.

He will eventually be under legal obligation to submit to testing if she files for child support and claims him to be the father. You can't dodge child support by refusing to submit to paternity testing.

If it is your child, she may file for child support, but back support takes a court order. Since you never knew for sure and this other man took the "father" role, she won't likely win ANY back support. Do NOT pay her voluntarily.

If you do get paternity and hit with child support, you may file for visitation once paternity is established. If you think it really may be your child - and she doesn't file for child support/visitation, consider pursuing it yourself. It'd take some time to get to know your child - but it could be worth it. You have a chance to make a difference in the childs life.

It's a Class C felony in almost all states for the mother to knowingly provide false information on a Birth Certificate, Ms. Expert.

Stick to posting about what you know.....gettingbeat by the system and being bitter about it.....why would you make a post then apologize if you are wrong? How about you just post when you KNOW something?
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Old Sep 17th, 2009, 07:19 AM   #8
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Default Re: Required to pay child support for a 10 yr old I didnt know was mine???

And whens the last time you saw a mom go to jail or even get in trouble for it Mr. Expert?

With a little bit of research...yes you can name your child anything you want to...with any last name. The other man wouldn't have to have his name on the birth cert for the child to have his last name.
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Old Sep 17th, 2009, 11:37 AM   #9
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Default Re: Required to pay child support for a 10 yr old I didnt know was mine???

Actually, for a father's name to be listed on a birth certificate, the father must acknowledge it and consent to it. Otherwise, there would be a hell of a lot of men out there getting hit with false child support obligations. Yes, it is illegal to list any false information on a vital record.

A right minded person who has a good attorney can "dodge" child support if he is not the father. The States cannot arbitrarily come to the conclusion that just because a woman comes by 10 years later and says, "oh by the way, this is the name of my child's real father", they can simply act on such an assumption. Just like the rest of the law, "innocent until proven guilty". I can only imagine how full our prisons would be if no proof were needed to convict a person for a crime. It's really the same idea. Just because a woman claims a man is the child's father does not make it true and it does not obligate the man accused to pay child support.

This man can refuse a paternity test and is under no legal obligation to submit to one. It's been 10 years and the woman seems to have gotten along just fine for all those years without his input; financially or otherwise.

A mother cannot "technically" give any name she wants on a birth certificate. It is a legal document that records a live birth and if filled out fraudulently, legal action can ensue.
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Old Sep 17th, 2009, 02:37 PM   #10
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Default Re: Required to pay child support for a 10 yr old I didnt know was mine???

A mother CAN indeed name her child anything she wants. A last name doesn't establish paternity and a mother doesn't need the permission of every man named Smith to name her child with the last name smith.

I really believe it's not so easy to dodge child support where you are at. Simply saying "nope! I'm not the dad" is not enough in my state. A judge CAN order a paternity test and likely will if the mother seeks it.
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