- April 23, 2024
- Posted by: legaleseblogger
- Category: Related News
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## AI Legalese Decoder: Helping with Paternity Issues in Divorce Cases
Mate’s Wife’s Affair Child and Paternity Issues
Mate’s wife had an affair child who is 6 years old. Mate knew about it, and so did the bio-dad. However, Mate only recently found out about the situation. He is now filing for divorce, but he has been informed that he might need to pay child support because he is registered as the father. This is the case if the bio-dad does not agree to do a DNA test for the court.
### Understanding Paternity Laws
In situations like this, navigating paternity laws can be complex and confusing for individuals involved in divorce cases. It is essential to seek legal advice and understand your rights and obligations under the law.
### AI Legalese Decoder: Simplifying Legal Jargon
AI Legalese Decoder can help Mate decode and understand the legal language surrounding paternity issues in divorce cases. By using advanced algorithms and machine learning technology, the AI Legalese Decoder can simplify complex legal terms and provide easy-to-understand explanations.
### Confirming Paternity Through DNA Testing
In cases where paternity is in question, DNA testing can provide concrete evidence to determine the biological father of the child. Mate can leverage the AI Legalese Decoder to understand the legal requirements and procedures for requesting a court-ordered DNA test.
### Seeking Legal Assistance
It is crucial for Mate to consult with a family law attorney who specializes in paternity cases. The attorney can provide personalized legal advice and guidance on how to proceed with the divorce case and paternity issues.
With the help of the AI Legalese Decoder and legal counsel, Mate can navigate the complexities of paternity laws and protect his rights during the divorce process.
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****** just grabbed a
Just needs to file an application for paternity testing in the FCFCOA, get test done and if it shows he isn’t the father he can seek order to be removed from birth certificate and no child support.
Tell your mate he should contact legal aid in their state and get some advice
I have no idea of the legalities, but wonder if your mate should have a DNA test done just to confirm child is not his, just so he has paperwork to back it up. Maybe for him to look into having himself removed from the birth certificate.
For child support purposes, presumption of parentage can simply be cohabitation or marriage dates. If he’s on the birth cert, then that can also be used.
I’d be very confident he can be on the hook for child support legally based on what you’ve described (if the child was conceived during the marriage). If he is assessed to pay CS in respect of the child but wants to challenge this, “a person assessed in relation to the costs of the child who believes that they are not a parent of the child must apply directly to a court for a declaration under CSA Act section 107”.
Source: worked at CSA for eight years.
https://guides.dss.gov.au/child-support-guide/2/1/3
He needs to talk to a lawyer that deals with family law..
Is it confirmed via science and/or law that your mate isn’t the father. If not, it’s standard that a kid born in a marriage is assumed to be the product of the 2 married people h less proven otherwise. That’s the step to take.
No. He needs grounds to say the child isn’t his because the presumption is that the child is his because they were married. Bio-dad doesn’t need to do the DNA test, only him and the kid. If he’s not the dad, it’s up to the mother to go after biological dad.
But there may still be financial issues that need to be resolved so he should get a lawyer.
God that poor child, having the only father figure they’ve ever known suddenly leave wanting nothing to do with them.
The courts will act in the best interest of the child, and your mate has been raising that kid for 6 years. While he’s not biologically related to the child the court might decide that because he’s been the kids father for so long he needs to continue to be the kids father and that might mean if he wants out of the kids life he has to pay child support.
He needs a family lawyer
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There are rules about assumptions of parenthood. Being on the birth certificate is one.
If you want that overturned, you go to a court.