My ex husband decided yesterday that he wants paternity tests on both of our children (now ages 3 and 4). He has never before mentioned that he questioned paternity on either child although constantly accused me of cheating in the beginning of our relationship (red flag i missed right there). He claims he has always questioned whether our son (the oldest) is his but has never mentioned it to me. He 'forgot" to sign our daughters birth certificate at the hospital after she was born but i didnt find out about this until about 6 months ago cause i just never ordered either childs original birth certificate until then (hadnt had a need for it)and thats when i was informed of the issue. Our divorce was final in Feb of this year and he was ordered to start paying child support March 1st. He is now $2800 behind in child support and the OAG is sending him letters stating he need to make a payment or there will be a court hearing set up and ultimately a warrant issued. He is unemployed (has not held a full time job since feb of 2009, yes i said 2009!!!!!!!!)and believes that since he is not on our daughter birth certificate (by his own screw up) he should not have to pay child support for her even though our divorce decree says he does and he just signed that 8 months ago. Has anyone else been through the this and can give me some advice? I am already seeking a lawyer as i didnt have one for the divorce (we agreed on everything and i was able to file the paperwork myself). I should probably also mention i have sole conservatorship of both children and he only has possessory rights.
Sorry if this is long but this came as a huge shock yesterday and i am still so unbelievably mad, i just cant have a clear thought about it at all.
Ok I am not taking him to court the Texas Attorney Generals Office is pursueing him for the child support he owes. He agreed to pay the child support back in Feb when he signed our divorce decree, it has been out of my hands since then and solely on the OAG to inforce child support. I have not taken him to court because he is unemployed. They are his and i told him he is welcome to pay for paternity testing but he is just wasting his money and if he has the money for that he would be better off putting it towards his back child support.
Are they his? If so then let him get his tests (he can pay for them himself) and once they come back you will have even more solid proof as to why he needs to start paying up for his daughter and son.
Any paternity testing should go through the courts. If he is saying the kids are not his, he should drag your hips into the courts to get that testing done. Like another posted said it won't get him off the hook though.
Also not having a job or holding down a job will exempt one from having to pay to support their kids. As a judge told my son's father, the child has to eat, needs clothes, a roof over their head and medical care and both parents are responsible for making that happen.
While the authorities can and will pursue the lack of child support it may be up to you to turn up the heat by calling them and asking them what the status of the case is in the terms of child support. My husband has had to do that recently with his ex-wife who now owes over $14,000 of child support. She also is not working. Again that won't exempt her from having to pay any more than it will exempt him from having to pay.
Don't let him distract too much from keeping the main thing the main thing and that would be having healthy and whole children. It may end up being up to you to get that done without him and his money if he chooses to not pay ever. (difficult to do but not impossible and very foolish)
Wow what a jerk :(
But I can't help but wonder, how can he pay child support if he doesn't have a job? Does he have property he could sell or something?
I'm so sorry, what a yucky situation!
It's really a non issue. Got his from the Texas Attorney General office "What if the mother is married to someone else or the baby was born within 300 days of the date of her divorce?
If the mother is married to someone other than the biological father or the baby is born within 300 days of her divorce from a man who is not the biological father, the husband must sign a Denial of Paternity. The biological father cannot become the legal father by signing the AOP until the husband signs the Denial of Paternity, which is part of the AOP form. If the husband does not sign the Denial, either biological parent can open a case with the Attorney General or go to an attorney to establish paternity through the courts."
so since you were married and he didn't dispute paternity the state wont even order a paternity test. What a jerk
I would completely ignore him. If he wants to try to change the support and custody/visitation orders, let him file the moving papers with the court. I doubt the court will give him the time of day as concerns the paternity issue but if they do entertain it, they will undoubtedly order him to pay for the test. They may order that if it turns out he's NOT the father, then you have to reimburse him for the cost of the tests.
I don't get "conservatorship" or "possessory rights" as far as the children. It's usually termed "legal custody" and "physical custody". Conservatorship sounds like someone has mental health issues and possessory rights sounds like it pertains to property, not children.
If he's communicating with you via e-mail or text message, save the e-mails/text messages. They may come in handy if the OAG takes him to court for non-payment of support.
If he can afford the tests, then let him pay for it. Otherwise, I think that the state will honor what they have in the system, since he signed off on it.
I know that you're mad and insulted, but chalk it up to his idiocy. Also, if he truly does feel unsure, then he should find out once and for all, right, before this goes any further?
Sounds like he tried to tell the OAG that he shouldn't have to pay because the kids aren't his, and the told him to get a paternity test or quit griping.
Sorry to hear bout your predicament. Call John at the Haugen Law Firm. His office is on I-35E and Corporate very close to Carrollton, best wishes and God bless!
Maybe I'm missing something, but you said he has been unemployed since 2009. If he is unemployed he doesn't have an income from which to pay child support. Or maybe he is indepdently wealthy. But you can't get blood out of a turnip.
It seems to me, the time to take him to court is when he has a job to pay for the support.
Good luck to you and yours.
