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Ex Wife suing for Child support/property 12 years later


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#1 votto326

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Posted 05 October 2012 - 06:49 AM

My husband's ex wife let another man sign her childs birth certificate and pay child support (after they divorced) for 12 years. Now she is threatening to sue my husband for child support/his property. She is threatening a DNA test to prove paternity. What can she legally do/win in a case like this. What course of action does my husband take? Curious about her suing for back support when the legal father has been paying, about her suing my husband for his property, and what she is entitled to from my husband if anything?

#2 pg1067

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Posted 05 October 2012 - 10:56 AM

Were they married when the child was conceived? Were they married when the child was born? In what state was the child born? Did the other man really sign the actual birth certificate (note that it is incredibly uncommon for parents to sign the actual birth certificate, which is typically signed only by the delivering doctor and a local records clerk)? If not, did he sign an acknowledgment of paternity? Did the mother also sign an acknowledgment that this other man was the father? When you say she "let" this other man pay child support, was there a court order that required him to pay?

#3 votto326

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Posted 05 October 2012 - 11:22 AM

Her and my husband were not married when she conceived or delivered. The "legal" father is on the birth certificate and was willing to be the childs father in an attempt to maintain a relationship with the mother. She had relations with both men but chose to assume the other man was the father when the child was born. I understand that the mother was probably asked for the fathers name and thats the one she gave and he agreed when the birth records were filled out by the Doctor. They have been divorced for several years and he has always paid her child support as far as I can tell. I do not know if there was a court order for child support. I do know the other man is on the birth certificate as the father, the child has his last name, and he was her "acting" father and she called him "dad" for all these years. I do not know what has happened that makes her now want child support from my husband. And she is threatening to sue him for land he owns free and clear. She says "the DNA will get him".

#4 Guest_FindLaw_Amir_*

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Posted 05 October 2012 - 11:45 AM

Is your husband the father of this child?

#5 Ted_from_Texas

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Posted 05 October 2012 - 11:58 AM

Based only on the facts you post here, I'd say this woman's chance of prevailing in a paternity and child support action against your husband are slim to none. I'm not aware of any state that would overturn an adjudication of paternity after 12 years, DNA notwithstanding. Five is the most I've heard of, and two is the norm. As for suing to recover property, that would depend on the circumstances cited in her claim, of which you say nothing.

If this woman actually goes so far as to file suit, your husband will need to consult a local family law attorney who can help him defend his position.

#6 pg1067

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Posted 06 October 2012 - 06:03 PM

If you do not answer all of the questions I asked, I cannot tell you anything further.

#7 votto326

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Posted 08 October 2012 - 07:02 AM

She was sleeping with both men when she conceived. I guess the answer would be we dont know. As far as the property she is considering suing for, his father passed away and he inherited a piece of land---in 2008, which was many years after the child was born and after their relationship ended. My husband has no problem with taking care of a child that may be his. But this woman is not the easiest to deal with. We have even considered a restraining order against her because she will call screaming into the phone for any reason she can come up with.

#8 pg1067

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Posted 08 October 2012 - 10:34 AM

She was sleeping with both men when she conceived.


Earlier, you said that your husband and the mother "were not married when she conceived or delivered." Does that mean your husband continued having sex with his ex-wife after they got divorced?

In any event, the most important fact you have not told us is the state (or states) where all the relevant events occurred. You also didn't say whether anyone signed any sort of acknowledgment of paternity. Without this information, I have to concur with "Ted_from_Texas."




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