- November 2, 2023
- Posted by: legaleseblogger
- Category: Related News
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My husband’s situation regarding his potential paternity and child support obligations is quite complicated. Firstly, it is important to note that my husband’s name is listed on the child’s birth certificate, and the child was given his last name. However, my husband was not present in the hospital room during the birth as he was asked to leave by the child’s mother. This suggests that perhaps she did not want him involved in the child’s life from the very beginning.
According to my husband, the relationship between him and the child’s mother was tumultuous, and she had a history of cheating. They eventually broke up shortly after the child was born, with her cheating on my husband again and kicking him out for another man. This background information raises doubts about the paternity of the child and adds complexities to the situation.
To address these concerns, a paternity case was initiated in 2022 when the child was 7 years old and has now turned 8. We have discovered that there are no paternity or legitimization documents available at the state vital records office in Georgia. We pursued this avenue by submitting a money order and conducting a search, but unfortunately, no records were found to verify my husband’s status as the legal father of the child.
Furthermore, it is worth mentioning that my husband and the child’s mother were never married, and no marriage records have been presented. This raises suspicions that perhaps she falsely claimed they were married when registering the child’s birth to have my husband listed as the father on the birth certificate. This discrepancy may have been the reason she kicked him out of the hospital room, as she knew my husband’s legal rights and obligations would differ based on marital status.
In an attempt to resolve the issue, mediation was pursued, during which the child’s mother’s lawyer proposed a monthly payment of $300 without providing any evidence of paternity. The basis for this proposed amount seemed to be our tax returns, with my husband being the primary earner. However, my husband rejected this offer, rightly insisting on a DNA test to confirm his biological relationship with the child before agreeing to any financial obligations.
Unfortunately, the mediation process reached an impasse, and the case is now being sent back to the superior court. Shockingly, the child’s mother’s attorney has indicated their intention to seek seven years of back support, wage garnishment, jail time/license revocation, and even medical expenses from my husband. It is important to note that my husband has never been legally proven as the father of this child. He is unwilling to sign or agree to anything without concrete evidence from a DNA test.
Another crucial element to consider is that my husband is currently a stay-at-home dad for our own children, while I am the primary breadwinner. He has communicated to the child’s mother’s lawyer that he is not opposed to paying the amount determined by the court once his paternity is established. Nevertheless, he refuses to blindly accept an arbitrarily determined sum presented by the opposing legal team without any supportive evidence, especially given the significant impact it may have on our own family’s financial situation.
It is evident that this situation is quite complex and requires careful navigation through legal processes to determine my husband’s actual paternity and legitimization status. Additionally, considerations must be given to appropriate payments for stay-at-home parents, such as my husband, who contributes to the well-being and upbringing of our own children.
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****** just grabbed a
YouÔÇÖre saying no paternity or legitimization documents exist, but thatÔÇÖs what the birth certificate is, since it bears your husbandÔÇÖs name as the father. The child having his last name has no bearing on this issue.
It sounds like your husband was assigned paternity, assuming everything youÔÇÖve been told is true. This usually happens when there is an appointment to complete a paternity test, but the man doesnÔÇÖt appear; courts will then assign paternity to him by default.
Google ÔÇÿdad by default.ÔÇÖ
I would start by requesting a paternity test, but youÔÇÖre still at the mercy of the law. It may be too late to refute paternity, even if heÔÇÖs not the biological father.
If the motherÔÇÖs lawyer is partially successful, your husband will have an income imputed to him based on either minimum wage or his earning potential considering his education and work history. TheyÔÇÖll use that information and the motherÔÇÖs income to compute his child support obligation.
If the lawyer is completely successful, your husband will start off 7-8 years in arrears. Laws vary by state on how far back you can go for arrearages.
Full stop, he knew this kid was out there and did nothing to see if this was his child.
They will look at his earning potential and parenting time and calculate from that
Your husband’s case will probably go down in flames unless he first gets an order that removes his name from the birth certificate because that document will be accepted by the court as conclusive proof of paternity. Trying to contest it in the child support case would be considered a “collateral attack” on the birth certificate, which isn’t generally allowed because the proper party defendant in a case to amend the birth certificate is the state agency that created and maintains the BC as a government record, not the CP.
Youre 100% being lied to. All of a sudden he’s magically on some child’s BC and she was a cheater? LOLOL. Literally they’re not even making up good stories now a days.
Establishing paternity for a child in Georgia may be done in one of the following ways:
* The childÔÇÖs parents are legally married to each other at the time of the childÔÇÖs birth;
* Unwed parents sign a Voluntary Paternity Acknowledgment Form at:
a. the hospital when the child is born, or later at either
b. the State Office of Vital Records in Atlanta or the Vital Records Office in the county where the child was born
* Court order (divorce decree, separation agreement, or other judicial or administrative order).
He will not get out of paying child support just because you guys decided he should stay at home. His prior obligations to children already here don’t go away because he decided to stay at home.
He did offer that he would see and visit the child, participate in school for the child but he isn’t paying an arbitrary amount made up by her legal team without a DNA test and showed the mediator the vital records paternity paperwork that was not found. That was the impasse to the mediation.
Woooooowwwwww. He’s super controlling. Like why didn’t he just get a DNA test before all this? He’s had all this time to do it, and yet hasn’t? Yeah, he knows he’s the dad. Im guessing she left his ass in the dust and he’s just mad about it and wants to get out of support, which won’t happen. He’s going to start out in arrears for 7-8 years and then be ordered to pay that amount and monthly support as well.
Did he sign anything? Has he always known he was listed? Child support is usually only ordered from the date it is filed for. Could she possibly have filed for support before? Because he is a stay at home dad rather than working, they usually do allow support to be calculated from the spouse. Do you/he have an attorney?
If a paternity case opened last year, why hasnÔÇÖt he done a dna test?
Either youÔÇÖre not giving the full story or heÔÇÖs not giving you the full story, because this makes no sense. How does a man ÔÇ£somehowÔÇØ get on a childÔÇÖs birth certificate? He must have signed something at some point. Or else, as someone mentioned, a paternity test was ordered or scheduled, and he never showed up for it, and was declared the father by default.
No idea what his ex ÔÇ£kicking him out of the delivery roomÔÇØ has to do with anything. A woman in labour has the absolute right to choose who gets to be in there. Or is your husband suggesting that somehow they switched babies on him? Weird detail to add.
How has there still been no dna test done and the child is now EIGHT years old? WhoÔÇÖs caused that delay? ThatÔÇÖs ridiculous.
ThatÔÇÖs nice thatÔÇÖs heÔÇÖs a stay at home dad. HeÔÇÖll still be ordered to pay child support.
Does he have a lawyer? He needs someone to explain all this to him bc he and you both sound deeply confused.