Why pay child support arrears. Child is 18, He was never served, no DNA, child lived with him 3 years.?
Here is the story. My husband had a girld with a high school sweet heart. She was dating him and Guy "B". She got pregnant, told my husband it was his. Whe child was 2, my husband married her. She was still sleeping with Guy "B". my husband moved out of state, but he sent her monthly payments, that was not court ordered every month. Ten years later, she filed for divorce, and told my husband that they got a divorce. She sent him the papers that did not mention child support. But he continue to wire, and transfer her money every month through bank accounts. My husband married me, and his ex sent the child to live with him and myself for four years. His son told me that his mom had my husband on child support. My husband contacted her and she said "No", that I was lying and I was just trying to cause confusion. My concern was that if we are sending her 0 a month without a court order, then if there is a child support order, then I would rather send it through child support departments. After this his ex comes and picks up her son after four years, and take him to live with her. A month later, support kids call the house and the Attorney general of Texas sends a letter stating that ,000.00 is back child support is owed. My husband tries to tell them that he was never served with support papers, that a DNA was never done, and he had no idea that he was even on child support because he was never served, and it was not in their divorce papers. Support kids faxed him over some divorce papers, that had were nothing like the original papers that he received. These showed child support amounts and everything.
His ex had remarried, and her last name is lets say, "Smith". She married the other guy that she was involved with when they had originally got married, and the guy she was having an affair with that made them get a divorce in the first place. And to make matters worst. My husbands last name is, lets say, "Doe". Their son is not going by the name of "Doe-Smith". A combination of both of the guys last name. His son is now 19, and although my husband has tried to fight it because he was never served, and it is a possibility that it is the other man’s son, Texas Attorney General will even hear it. They are garnishing his wages, taking his taxes all for a child that may not be his, because of her lies. The divorce papers that were sent through support kids were a fraud, and I know it. The paperwork states that she wants her last name restored to "Smith". My question about that is, if my husband was your first husband, and your his last name was, "Doe". How can you get your last name restored to "Smith". Your maiden name is something else, Smith is the husband that you all have now. Is there any help for my husband.
The child is now 19, so he is paying arrears. He has been trying to fight this for years. They had joint custody, when the child lived with us for 4 years. As soon as she found out that he knew that he was on child support, she ran up here and swooped the child back up. That was two years ago. The child could be the other guys, that is why my husband left her to begin with, "She is a hore" And the child is now carrying an hypenated last name, my husbands, and the other possible father last name. I believe that support kids tampered with the divorce paperwork, because the original copy that my husband received does not state anything about child support. He gave her money and paid for all of his school activities, because he is a good father, and didn’t want CSE to dictate to him how much he needs to give to his son. He paid more per month then the order even stated.
I do not know how to reply to answers, so this is for DoNotBuy. Unfortunately, in the laws of my state, even if a man signs a birth certificate, if you were not married, when the child was born, a DNA test must be done. This was never done. I am not belittling her, I am just stating the facts of the case. The reason that I mentioned the fact of her last name is because those papers had to have been falsified, because it could not be possible that in the divorce papers from my husband, (her first husband), that she wants her name restored to her name that is her second husband, the man she is married to now. That is evidence to me that those papers have been falsified. I never said, "CSE falsified the documents" please read with an understanding before you make rude comments, this makes you look illiterate. I said, Support Kids, falsified those papers. It seems strange that CSE has not came after him at all for 18 years, if he had not paid, until those forged divorce papers surfaced.
The TX Attorney generals office told us to submit school records that proved that he lived with us, we did, not they said that it does not prove anythings, because although he lived with us in our state and we had proof from the school, such as Grade Cards, enrollment papers, discipline reports, letters from teachers and principals, it did not matter. The reason they changed their minds about this being proof of his residency is because, she continue to collect cash, foodstamp and other government assistance, in her state by stating that the child was still living with her for all of those years when he was not. We turned in receipts, showed bank transfers, money order receipts, canceled checks, and wire transactions receipts for all of those years to show that it was done monthly, but according to them, it was all gifts, and not considered child support. So basically, my husband is screwed, by a messed up system, that does not care about potential fraud.
Tagged with: attorney general of texas • child support amounts • confusion • divorce papers • dna • doe • girld • having an affair • letter stating that • mom • money • quot • support departments • support kids • sweet heart
Filed under: Fraud Information
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I got rather confused as to whether he has the child or not and whether he’s paying. If he has the child, he should file for custody. He shouldn’t be paying without a court order as he could still be hut with retroactive support. To learn his rights, join Dads House in Yahoo Groups. It’s free and there’s free educational material to help.
http://Dads-House.org
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There is help, see if he is the father of this child. If he is, he has the responsibility to pay the state back for whatever assistance the woman got. As bad as the situation might of been if he is the father he has an obligation to this child from before the child turned 18. He needs to get the test done before it is too late and find out the truth.
What her last name, or the child’s is, is completely irrelevant. The issue here is money. Since your husband paid all of those years, all he has to do is provide the courts with the documentation that he paid. Once he proves that the money he owed has already been paid, he is in the clear. Child support enforcement does not falsify documents. They don’t put out that much effort. If the child lived with you for four years, provide proof of that also, such as school records. Keep your mind on the issue at hand and stop trying to belittle this other woman. It just makes you look small. And arguing that the child is not his is a complete waste of time. He agreed it was his, supported it all of these years, and even had the child living with him. As far as the courts are concerned, this child is his. And you will accomplish nothing other than destroying this young man’s life by arguing the point. Give it a rest already.
It’s apparent that the money he was paying all these years was never applied to the court order and the mother is trying to double dip. She has received the money and never informed the court that she got it because the father paid her directly. If he paid the support through wire transfers and other ways that can be confirmed either through check or money orders, then he can get the receipts and present it to the court thereby showing the court that he paid the support order even though he never got notice of the court order or that he had to pay it through the court. Additionally, to say that the child is not his and thereby contest paternity at this late date would be counterproductive since by paying her support (and not asking for the DNA paternity test previously) he tacitly agreed that the child was his and that he was to be financially responsible.
A simple "Paternity Test" will go a long way to ending this. ! If the child is over 18 then he/she can voluntarily render a DNA sample to be tested. The other point to look at is did he sign the birth documents as father. If so he would have to disprove the fact with a test and petition the courts. You may have little options for what has already been paid out but I will make suggestions anyway.
Any moneys he gave to her without a court order would be considered a gift unless he can prove that she deliberately miss lead him in that she knew from the start that it was not his child.
He would have to take legal action against her personally in any attempt to recoup funds.
If she has not been claiming the funds he has been paying and he has proof of how much he has given her, he should advise and provide copies of proof to the state authorities in her state.
I admire him in his sincerity in trying to stand up to his duties and obligations even thought there may not have been much logic only heart in it.