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Main Forums => Child Support Issues => Topic started by: dalefc on May 21, 2004, 10:08:20 AM

Title: Child Support-child is not mine
Post by: dalefc on May 21, 2004, 10:08:20 AM
I live in West Virginia and have been paying Child Support for more than a year.

My wife and I have been separated during this time.

During a recent divorce case (April 28, 2004), which should have finalized our divorce, my wife informed the Judge that she is eight months pregnant to another man. she said that he (the father) since left her and she does not know where be is.

The judge said that this case cannot continue until after the baby is born and that I will have to pay Child Support for this baby also.

I can't understand why I have to pay for a child that is not mine.

Apparently a DNA test would not make any difference as to whether I pay support  or not.

I need to know what West Viriginia law provides for this ruling.

I can't afford an Attorney.

Title: RE: Child Support-child is not mine
Post by: katz on May 21, 2004, 11:24:17 AM
I dont know about west virginia specifically, but some states since you are married to her still you will automatically be put on the birth certificate.  Why did your divorce take so long? Here it takes six months with kids.

I think the judge is protecting the state, by making sure there is a father listed, so if mom goes on welfare someone has to pay it back. I fear that might be you.

On the cant afford an attorney, I am not sure you can afford NOT to get an attorney. 18 years of cs, versus an attorney now. I'm sorry it sounds like a rotten situation, and I hope I am wrong.

Title: RE: Child Support-child is not mine
Post by: mango on May 21, 2004, 12:39:51 PM
I can't even believe that. How is that fair.

I would think you could get that set right.

Can you work something out with the ex wife? A divorce out of kit or something?
Title: RE: Child Support-child is not mine
Post by: dalefc on May 23, 2004, 06:42:06 AM

In WV you have to must be separated for one year before you can get a divorce.

My wife is not working and is living with her parents. I thing she is on welfare.

My wife has an Attorney from Legal Aid and when I tried to apply for one I was told that the Law only provides for legal aid to one member of a family. Since my wife already applied for one I was not entitled to a State paid Attorney.

I get paid $8.00 per hr. and after CS and rent, plus other necessities there is no way that I can afford an Attorney.

I told the Judge that I can't afford another CS payment and that I will end up in jail and that won't benefit anyone including my own child.

The Judge replied that, that's the way it goes.

Title: RE: Child Support-child is not mine
Post by: KAT on May 25, 2004, 08:31:13 AM
From a quick read on WVA code, you MUST request a DNA test once the baby is born thru the courts, oh heck do it now as it can probably be done at the hospital. It MUST be done BEFORE the divorce is final. What county are you in? The paperwork is probably on line. The judge can't order you to pay for a child that isn't biologically yours IF you challenge it in time. You only have 4 months. Don't be railroaded, look up the law & quote it to the judge. Failure to do so will mean that you are stuck for the next 18 years. It is that child's right to know it's real father and that father has a right to know the child exists. The state taxpayers also have a right to be paid back for the birth of the child. If your ex wife is that much of a slut that she isn't sure how many potential Dad's there are, give her the number to the Jerry Springer Show.