austin99
07-19-2006, 06:29 PM
This is a strange story, but I hope someone can give some advice. Almost 19 years ago, I had an affair with a married woman. (yes, I know I was young and very stupid). She got pregnant and after having the child, she said it was not mine. I went on with my life and met a great woman and got married.
Out of the blue, I receive from the attorney general, a child support notice for the kid from the fling almost 19 years ago and 6 months from the kids 18th birthday. Well needless to say I was shocked. Well after a DNA test, it was proved I was indeed the father. This woman has since remarried herself. I am now faced with paying child support for a kid I never knew I had. Apparently, her ex-husbands name is on the birth certificate and she wants that changed. I really don't know what to do, will I end up paying after all this time? Can I fight this thing and have a real chance of winning? Please help.
This is a strange story, but I hope someone can give some advice. Almost 19 years ago, I had an affair with a married woman. (yes, I know I was young and very stupid). She got pregnant and after having the child, she said it was not mine. I went on with my life and met a great woman and got married.
Out of the blue, I receive from the attorney general, a child support notice for the kid from the fling almost 19 years ago and 6 months from the kids 18th birthday. Well needless to say I was shocked. Well after a DNA test, it was proved I was indeed the father. This woman has since remarried herself. I am now faced with paying child support for a kid I never knew I had. Apparently, her ex-husbands name is on the birth certificate and she wants that changed. I really don't know what to do, will I end up paying after all this time? Can I fight this thing and have a real chance of winning? Please help.
Did the mother ever collect any type of public assistance? If so, unfortunately there may not be anything you can do because the state will demand reimbursement for aid.
If she didn't recieve public assistance you MIGHT be able to use the defense of laches- the best thing you can do right now is to get a consult with an attorney. You can usually get a low cost consult by calling your state's bar association.
You should know though that the name change is a different situation and seperate from any CS order.
austin99
07-20-2006, 08:00 PM
Thanks for your reply. I have no idea if she was on public assistance or not. I think in Texas if you receive public assistance you must name a father and I wasn't named, meaning the state isn't coming after me, she is coming after me.
I didn't know about the name change being different from the child support. But, I truly don't know if I want to change the name on the birth certificate since she made no effort to tell me I had a child. She had cheated me out of years of knowing this kid and too be honest I'm not ready to jump when she says jump.
Thanks for your reply. I have no idea if she was on public assistance or not. I think in Texas if you receive public assistance you must name a father and I wasn't named, meaning the state isn't coming after me, she is coming after me.
I didn't know about the name change being different from the child support. But, I truly don't know if I want to change the name on the birth certificate since she made no effort to tell me I had a child. She had cheated me out of years of knowing this kid and too be honest I'm not ready to jump when she says jump.
You really need to get an attorney to handle this, sorry.
If you don't want to agree to have the child have your last name you don't have to, you can object in court and maybe the Judge will make her use her maiden name, etc.