BM just had a new baby... Need help

[DevilMommy2]

The BM just had a new child on Feb 9th... when we were getting the divorce finalized she said she was not pregnant but she was in fact pregnant... Can I be held responsible for the new child??? What can I do about it so they do not take more money from me?

[Kent]

It all depends on BM.

If she listed you on the birth certificate as the father, then you will be financially responsible for the child IF a) she files for child support, or b) she files for social security.

IF she files for either one, you will be ordered to pay CS from the date of filing.

Are you sure you are the father? Keep in mind: in all (but 4) states, if you do not dispute being the father within 6 or 12 months, you are deemed the father (and held financially responsible), even if DNA proves you are not.

On another note: You don't seem to be very concerned about not having a relationship with (possibly) your child.
Money seems to be of most importance to you.
That motivation will not get you anywhere, also not on this site.

Kent!

[DevilMommy2]

I am not the father of this child we were already seperated and in the process of divorce when she got pregnant for with this child. I was not there to sign the birth certificate so she can not list me on there

[Kent]

Don't be so sure that she could not have listed you as the father. Stranger things happen not only every day, but every second.

I would, through a subpoena if necessary, get a copy of the birth certificate, and make sure you're not listed as the father.

It may cost a few $$, but that's nothing compared to the CS you would be facing.

Kent!

[reellis527]

As a mother of three you do not have to be present to be listed on the birth certificate.  The only thing you have to be present for is the Affidavit of Parentage.

[wysiwyg]

I interestingly read your post on Soc's board that they can not take money until they contact you about a job, I wish this were the case and I wish I could agree, but in personal expreience I can offer you this.

We had a huge arrearage, we also had a court order that told us how to pay it back, this was due to the courts lack of making an order due to job loss for three and one half  YEARS.  Even though we petitioned the court numerous times to make an order on child support, the court did not, consequently we got very very far behind, once the order came through, the court did address how we should pay the obligation plus X amount toward the arrears.  We did this for 5 years, and were never late, the Title IV child support division got involved per BM request and they froze all our (since both names were on accounts) retirement and bank accounts without our knowledge, we found out from the retirement agency.  We had no money to pay rent, groceries, bills utilities until they got their money first.  We had another small child at home and they said their concern was the child from the first marriage not subsequent children, which were "our problem".

Fortunately I (2nd wife) was offered another job, that enabled me to pay the rent on time and we did not loose our apartment and we could feed our child.  Dad's employer was served papers about 2 weeks later that they were to with hold income for child support, we were not notified, the order reads that information on the courts with holding order MAY be shared with the the account holder.  This is typically referred to as a freeze and seize.  

You need to understand that they will do what they want to do just "becasue they can" and posession is 9/10th the law, try and undo waht was unjustly done to begin with, its a long, unrewarding uphill battle.  Don;t set yourself up for that - or your family to be.  Do what you can now to do what is right and protect yourself and your family.

[DevilMommy2]

I have already contacted the courts and they said they have to notify me as we are not married anymore. I have one child with my exwife and they already get money for that child. They have to notify me of any increase in payments that they want. I can not afford a lawyer to get the DNA test so I have to wait until they try coming after me for money

[Kent]

You don't need a lawyer for the DNA test. In fact, at this moment, you don't need a DNA test.

You only need to find out if you are named as the father on the birth certifiacte.
If you are really nice to them, the hospital may even tell you whether you are or not.

Kent!

[janM]

He can start by checking the BC. But don't some states require a test too, just in case mom just put a name there?

[Lil527]

Has your ex stopped using your last name? Even tho you're not the father, the new baby might have your last name just b/c she hasn't changed her name. This might cause an even bigger mess.