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-   -   Not sure if he's the father (https://www.legaljunkies.com/showthread.php?t=67333)

dusty24 09-26-2013 05:13 PM

Not sure if he's the father
 
I married my husband in July, 2013. shortly after he was contacted by a lady he dated years ago stating that he has an 13 year old daughter that he knew nothing about. She said that she didn't tell him because he was married and now she feel that her daughter needs to know her father. shortly after that he started getting papers in the mail saying that he owes child support for the girl and he was behind in payment. My husband contacted the child support agency and they stated that although he was overseas serving our country his mother sign for the letter that they had sent him notifying him of her attempt to get child support. My husband had to children and thought that the payment were being paid to them. What can he do? about this because he's still not sure if he's the father and the mother does not want to give him a dna test.

AFFA 09-26-2013 05:22 PM

Re: Not sure if he's the father
 
I wish to inform you that your husband may inform the child support agency that the paternity of the child had not been proved. Further, he was overseas serving the country and had no information about this child. If the matter is not resolved with the mother of the child and the child support agency then he may file petition in the court for dna test to establish paternity of the child. If he is declared the father by the court then he will have to pay child support from the date as ordered by the court. Normally, no past child support is to be paid prior to the date paternity is established. Further, the court keeps in view the best interest of the child. The court will consider all the facts and decide the matter.

AFF

LiverAndOnions 09-26-2013 05:24 PM

Re: Not sure if he's the father
 
The timing here might be critical.

A few questions:

Is he military?

When was his mother served?

How old is the CS order?

Any idea why his mother didn't tell him she'd signed for something?

Friend In Court 09-26-2013 05:44 PM

Re: Not sure if he's the father
 
Quote:

Originally Posted by dusty24 (Post 319537)
I married my husband in July, 2013. shortly after he was contacted by a lady he dated years ago stating that he has an 13 year old daughter that he knew nothing about. She said that she didn't tell him because he was married and now she feel that her daughter needs to know her father. shortly after that he started getting papers in the mail saying that he owes child support for the girl and he was behind in payment. My husband contacted the child support agency and they stated that although he was overseas serving our country his mother sign for the letter that they had sent him notifying him of her attempt to get child support. My husband had to children and thought that the payment were being paid to them. What can he do? about this because he's still not sure if he's the father and the mother does not want to give him a dna test.

The mother has to agree to DNA testing whether she likes it or not if she wishes to claim he is the father.

Have HIM file a paternity action in court and bring the matter to a head is my advice. DNA testing will be ordered and that should settle the issue for once and for all.

Disagreeable 09-26-2013 09:55 PM

Re: Not sure if he's the father
 
If he was stationed overseas, Federal law suspends the finality of any court actions against him.
The Soldiers and Sailors Civil Relief Act (SSCRA)

LiverAndOnions 09-26-2013 10:30 PM

Re: Not sure if he's the father
 
Quote:

Originally Posted by Disagreeable (Post 319574)
If he was stationed overseas, Federal law suspends the finality of any court actions against him.
The Soldiers and Sailors Civil Relief Act (SSCRA)


Only if the servicemember invokes.

Disagreeable 09-26-2013 11:57 PM

Re: Not sure if he's the father
 
Quote:

Originally Posted by LiverAndOnions (Post 319576)
Only if the servicemember invokes.

Not to be Major Obvious, OP is here attempting to find out what options for relief of the unfair judgment he has. I will give you 10 hey ya'lls and 2 no craps if you can figure out the primary basis of the service members motion to reopen the support action is going to be.

LiverAndOnions 09-27-2013 12:36 AM

Re: Not sure if he's the father
 
Quote:

Originally Posted by Disagreeable (Post 319585)
Not to be Major Obvious, OP is here attempting to find out what options for relief of the unfair judgment he has. I will give you 10 hey ya'lls and 2 no craps if you can figure out the primary basis of the service members motion to reopen the support action is going to be.


Let's wait and see how the OP answers the questions, shall we?

Perhaps you can figure out why they were asked ;)

grim509 09-27-2013 08:33 AM

Re: Not sure if he's the father
 
If I'm not mistaken, the Soldiers and Sailors Civil Relief Act does not apply to child support cases.

130smartchick 09-27-2013 09:21 AM

Re: Not sure if he's the father
 
The Servicemembers Civil Relief Act (as it has been known since 2003) does apply to child support.

The Servicemembers may request a stay of 90 days, as well as further stays. A default order cannot be entered without giving 90 days for an attorney to be brought in.


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