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Author Topic: another question  (Read 1410 times)

wanttoseemyson

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another question
« on: Jul 19, 2006, 10:53:24 AM »
my ex had her husband sign an affidavit of paternity claiming he is the father now she says she knew at the time that he was not the father and so did he. She now wants me to pay child support. I have no problem doing that if we find out the child is in fact mine but can she go after me for the last 6 years worth when my son had a man who was the legal father all that time? Who will be paying child support me or the man who was considered his legal father?


awakenlynn

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RE: another question
« Reply #1 on: Jul 20, 2006, 06:58:42 PM »
Check with a lawyer in her state of residence.  Some states declare that if a woman is married and has a child then by law the child is the husband's, NOT the man she had an 'affair' with.  I would say that having her husband sign a paternity form, made him the father for all intent purposes for the state.  Each state is different.

wanttoseemyson

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RE: another question
« Reply #2 on: Jul 21, 2006, 05:31:07 PM »
ok let me clarify

The husband she has now that signed the avidavit of paternity is not the man she was married to when I was dating her ( just wanted to say too I didnt know she was married when we started dating and dumped her when I found out she was) When my son was a few months old she got a divorce from that man.

Then a couple of months later married the man she is now divorcing. The second husband is the one who signed the paternity papers. He signed them when my son was a couple of years old from what I gather from her.

smtotwo

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RE: another question-we just found DH is not the father
« Reply #3 on: Jul 25, 2006, 10:03:23 AM »
of a woman who he had an affair with-before we met, but she was living with someone.

Child is now 7.  Support would have only gone back to the date she filed which was in january.

She cannot find the othe man she was with at the time and is looking for child support.

We were VERY VERY relieved to get the order dismissing her paternity action against DH.


So, check with an attorney, most have free initial consultation.'

Also in wisconsin we have the husband law.   If she had been married it wouldnt have mattered who the father really  was.  I think the same would apply if he signed the paternity affidavit.

 

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