QUESTION
Does she have the right to force support against both parents’ wishes and were our rights violated?
Asked on Oct 11th, 2015 on Child Custody - Wisconsin
More details to this question:
My wife and I were sued by the state for support of 2 children, our daughter and her latest child from an extra marital affair. As per laws here, I was named the father. The biological father forced her to file divorce papers, filling them out incorrectly in an attempt to force legally recognized genetic testing. Realizing it wouldn't have the desired effect, the divorce was withdrawn. In our hearing, we requested genetic testing and immediately refused, excuse ("that's not why we are here") exact words used. Both my wife and I freely admitted this was not my child and both refused child support from one another. I'm currently ordered to pay 50% of my listed 20.75% obligation until the next hearing for a child I already fully support without their involvement 100% of the time and a child that is not mine. This is just one of the at least 5 suspected personal, parental, and civil rights violations during this encounter. Does she have the authority to refuse DNA testing and charge support after an admission of adultery in open court?
1 ANSWER
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You have asked a number of rather complex questions. First of all: retain an experienced family law attorney in your area. Such a person can review what must be a plethora of facts with you and chase down the details which could make a large difference. It is possible that your lawyer will find that the support ordered against the parents' will is reimbursement to a public agency for benefits which would be permitted in most cases whether you agreed or not. A presumption might have come into play here that a child born to a woman while she is married to a specific man is the child of that man. I expect the presumption can be rebutted by DNA testing. Find a good lawyer: this is likely more than a layperson can handle for him or herself. Good Luck.
Answered on Oct 20th, 2015 at 5:09 PM