I have a question. My dh has been divorced for 2 years. His exwife added his name to the birth certificate to a child that was not his, by falsifying information to him. He has been paying child support on a child that is not his. How can we stop it or can we?

Were they married when this child was born? What do you mean falsifying information to him?

When did he find out that she had a child that was not his? Has he paid any of this court ordered child support? How did she get the child support order?

I would get a DNA test done ASAP!

I have a question. My dh has been divorced for 2 years. His exwife added his name to the birth certificate to a child that was not his, by falsifying information to him. He has been paying child support on a child that is not his. How can we stop it or can we?

If there is a court order for child support there had to be an order for paternity to be established. Could your husband have overlooked a paternity request and not shown up so he was declared father by default?

This is a very big issue and brings upon a lot of controversy. Here is your answer:

In most states, except TEXAS, you have one year from the date your husband signed the papers issued by the Health Division to request a paternity test, AND HAVE THE RESULTS IMPACT CS.

Meaning, when your husband agreed to pay CS, he at that time, acknowledged paternity. Having CS payments either deducted from your check, or paid privately means he signed the agreement to the amount. That signature is him accepting paternity. (Those papers are from the Health Division)

Now, if it is within the first year, you can still request a peternity test and if it is not his child, than he can file for a motion to stop CS payments.

Here is the kicker: If it is past the one year mark, he can request a paternity test, which he will have to pay for in full, and even if it is not his child, he still has to pay CS. Now in Texas you have until the child is five years old.

The only way to get a peternity test within the first year, at no cost to him and subsequently have the CS stop, is to prove he has been brought aware of facts that question whether the child is his. (Basically meaning he signed the papers under false pretenses. i.e. he thought it was his and found out she cheated or something to that effect.)

Saying he didn't know what he was signing will NOT work. Read up on this because time is very important.

This is a very big issue and brings upon a lot of controversy. Here is your answer:

In most states, except TEXAS, you have one year from the date your husband signed the papers issued by the Health Division to request a paternity test, AND HAVE THE RESULTS IMPACT CS.

Meaning, when your husband agreed to pay CS, he at that time, acknowledged paternity. Having CS payments either deducted from your check, or paid privately means he signed the agreement to the amount. That signature is him accepting paternity. (Those papers are from the Health Division)

Now, if it is within the first year, you can still request a peternity test and if it is not his child, than he can file for a motion to stop CS payments.

Here is the kicker: If it is past the one year mark, he can request a paternity test, which he will have to pay for in full, and even if it is not his child, he still has to pay CS. Now in Texas you have until the child is five years old.

The only way to get a peternity test within the first year, at no cost to him and subsequently have the CS stop, is to prove he has been brought aware of facts that question whether the child is his. (Basically meaning he signed the papers under false pretenses. i.e. he thought it was his and found out she cheated or something to that effect.)

Saying he didn't know what he was signing will NOT work. Read up on this because time is very important. Where and how, can she find the mat'l.... slick!

Well what state does she live in asshole??? Then I can let her know.

Knot do you do anything on this website but use immature jargons and make yourself look like an ***???? Just wondering.

Well he has been paying CS for over two years now at about 800.00 a month. We live in Illinois, but it looks like the witch will get it till the kid is 18.

Did you save any of the paperwork from the court hearing?

Was it decided in mediation or did it go to a judge?

If he can prove that he signed under the basis he thought it was his child, and now something has come up to deter him from thinking that, you still have a fighting chance.

It has been beyond the legal deadline, but some judges heavily frown upon the idea of a woman falsely alleging a man to be a child's father if he is not. Still get the test, because it cannot hurt.

What state do you live in?

All of the sudden the mom came out and told him that he is not the father then showed him proof. SHe made it a point to tell her other child that they do not share the same dad. She thinks it is a sick joke, but when he started getting into the paperwork and dates realized that she wasn't lying. He has all the paperwork from their divorce. It only went to mediation because she was cheating on him again. She uses everything she can to get him to fork out more money, now I am pregnant and she is trying everything to take from my child too. This is nuts/

All of the sudden the mom came out and told him that he is not the father then showed him proof. SHe made it a point to tell her other child that they do not share the same dad. She thinks it is a sick joke, but when he started getting into the paperwork and dates realized that she wasn't lying. He has all the paperwork from their divorce. It only went to mediation because she was cheating on him again. She uses everything she can to get him to fork out more money, now I am pregnant and she is trying everything to take from my child too. This is nuts/

Document, document, document. Did your husband keep the paperwork that showed he was not the father? If not, I would get the test, and have the documents subpoenaed. What a *****. NOT YOU---HER :D

I don't know the whole situation, but it makes me wonder if he is just trying to find a way out of an obligation. If it truely is not his child why has he not done something about if from the beginning. He need to request a paternity test right away. If it turns out to be his, he is going to be looking very bad.

All of the sudden the mom came out and told him that he is not the father then showed him proof. SHe made it a point to tell her other child that they do not share the same dad. She thinks it is a sick joke, but when he started getting into the paperwork and dates realized that she wasn't lying. He has all the paperwork from their divorce. It only went to mediation because she was cheating on him again. She uses everything she can to get him to fork out more money, now I am pregnant and she is trying everything to take from my child too. This is nuts/

This makes no sense AT ALL. Why would she try to take YOUR child? She has no legal rights to that child. Even if the child was taken away from YOU, she wouldn't get it!

What exactly is the WHOLE story?
Were they MARRIED at the time of conception?
Were they MARRIED at the time of the child's birth?
When did the child support start and how?
What state is this in?
Are there any court orders in place?
If so, what kind?
How did his name get on the BC in the first place?

This makes no sense AT ALL. Why would she try to take YOUR child? She has no legal rights to that child. Even if the child was taken away from YOU, she wouldn't get it!

What exactly is the WHOLE story?
Were they MARRIED at the time of conception?
Were they MARRIED at the time of the child's birth?
When did the child support start and how?
What state is this in?
Are there any court orders in place?
If so, what kind?
How did his name get on the BC in the first place?

She said trying to take from her child meaning the money that will supposedly go to her child.
I have been trying to figure out how his name got on the bc as well. He might've been put on the bc by default. she hasn't answered that. :confused: