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wife deserted with child 17 years ago from Texas to Kansas

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  • wife deserted with child 17 years ago from Texas to Kansas

    My Common-law wife deserted with child 17 years ago from Texas to Kansas. Now in OK, filling for past child support. I have not seen or herd from her until now. How can someone that disappears prier to the wedding day, with a child can show up and demand back child support? 17 years latter and remarried.
    Is there some thing I can do to protect my self and my family? I have 3 persons depending on what she wants to tack away, not that I not pay child support, but pay back CS as well? How can this be? Does the law protect me? A father of a child stolen from her dad? Manly do to her families religious beliefs of having more then one wife and I said no? Does Spousal desertion in Texas offer any help here?
    Please help.

    Texas Dad.

  • #2
    Here is a link to OK childsupport guidelines and info.
    http://www.dpw.state.pa.us/Child/Chi.../003670308.htm
    You could have to pay child support untill the child is 20 years old if they attend college new OK law as of April 2006.
    The maximuim she can ask for is 60 months before the date of filing. (5 years) (http://nccp.org/state_detail_OK_policy_25.html)
    Because the child does not live in TX then TX law does not matter. TX does not have jurisdiction. The state that the child lives in has jurisdiction and I believe you said that she and the child live in OK.
    IF you wish to claim that you were married by common law, I would be very cautious unless you legally divorced her. Otherwise you and her could be guilty of bigamy if you later married without divorcing your common law spouse.
    You should probably get an atty. from the state that has jurisdiction to discuss the specifics etc and try to settle this matter.

    Comment


    • #3
      stuckinamuck

      Thank you for the fast response. This whole thing just hit my door and i am truly :stuckinamuck". i will for no other reason but to protect my self, find an atty.
      Thanks again.

      T.D.

      Comment


      • #4
        You can also request visitation. Did you ever file any charges for her taking off with your child? Did you ever try to find her? Stupid question, but did you ever establish paternity? Did you sign the birth certificate?
        Last edited by turbowray; 09-02-2006, 01:14 PM.

        Comment


        • #5
          Originally posted by Texas Dad
          My Common-law wife deserted with child 17 years ago from Texas to Kansas. Now in OK, filling for past child support. I have not seen or herd from her until now. How can someone that disappears prier to the wedding day, with a child can show up and demand back child support? 17 years latter and remarried.
          Is there some thing I can do to protect my self and my family? I have 3 persons depending on what she wants to tack away, not that I not pay child support, but pay back CS as well? How can this be? Does the law protect me? A father of a child stolen from her dad? Manly do to her families religious beliefs of having more then one wife and I said no? Does Spousal desertion in Texas offer any help here?
          Please help.

          Texas Dad.
          IF paternity has NOT been established- meaning that you did NOT sign an Affidavit of Paternity at the time of child's birth, you really should deny paternity and request a DNA test.

          I agree with the other poster, you may be opening a large can of worms if you go the "common law married" route.

          Do you have any proof of trying to locate her over the years? If you do, it MIGHT be possible that the court won't order retro support on the basis of her keeping the child from you. If you have an attorney, ask your attorney about the possibilty of using "laches" as a defense to any retro support.

          Comment

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