QUESTION
Am I liable for support never having known the child existed?
Asked on Sep 07th, 2014 on Child Custody - Michigan
More details to this question:
Child born 11 years ago. Never heard a word until today's mail demanding support and arrears. I do not know if the child is mine. I pay support on a child with my ex. Would that affect amount owed if anything comes of this? Was very blindsided by this, cannot afford the payment and feel very lost at the moment never knowing or hearing anything all this time, if correct that it's my child. I live out of state, she filed in AZ. I am not looking to establish visitation or anything out of this. It was a very bad situation I left.
6 ANSWERS
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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Request a paternity test.
Answered on Sep 17th, 2014 at 7:50 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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If you are the biological child and the child has not been adopted, then yes. If you feel overwhelmed and lost, consult a very good (not just any) lawyer today would not be too soon to protect your rights to the fullest extent.
Answered on Sep 16th, 2014 at 7:18 PM
Attorney serving New Orleans, LA
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Nancy C. Chachere Attorney at Law
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If this is your first notice, you have a right to request DNA testing. Sometimes you can get it even if it is not your first notice. The fact that you did not know of the existence of the child has no bearing. If you are determined to be the father of the second child, the court will calculate child support based on what is left of your income after the first judgment. In Louisiana, child support is calculated from the date of filing the original request in court. So if you are determined to be the father three months from now you will be three months or more behind in child support. I suggest you resolve this as quickly as possible.
Answered on Sep 16th, 2014 at 1:24 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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It is very possible you would owe child support from the birth of the child IF the child is in fact yours. You should ask for a paternity test immediately.
Answered on Sep 16th, 2014 at 12:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suggest you see an attorney NOW with the details. Your use of the work arrears makes be very nervous as that implies a support order was entered in the past. This will only get worse it the situation is ignored.
Answered on Sep 16th, 2014 at 12:30 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If the state is just now filing, you presumably will be ordered to take a DNA test if you answer the summons by saying not my child. If the DNA test is positive, then you have to pay. The fact that you have to pay support for another child, is a basis for a deviation from the standard amount of support in most states.
Answered on Sep 16th, 2014 at 12:30 PM