Correcting a mistaken paternity.
Mistaken Paternity can be corrected in East Texas, if there was:
Mistaken Paternity can be corrected in East Texas, if there was:
· no DNA test was given to the man; and
·
a man signed a paper admitting he was the father, on
the false belief that he was the father of the child; or
·
a man did not argue a court case on the false belief
that he was the father of the child; and
·
the man brings the suit within 1 year of the date on which he becomes aware
that he was not the child's real father.
Four Questions
A man should ask himself four questions.
A man should ask himself four questions.
Has it been less than a year since you signed a paper
admitting you were the father? (Yes)
Has it been less than a year since a court said you were
the father? (Yes)
Was there a DNA test? (No)
Did you sign the paper admitting you were the father,
or fail to argue a court case, on the false belief that you were the father?
(Yes)
The Law
Section 161.005, Texas Family Code, allows the man to file a suit asking that child support and medical support orders be ended. The child support will end on the date the Termination Order is signed, but there will be no repayment of child support or medical support already owing. If it seems unfair, just tell that to my client, who brought the lawsuit within 1 year of the passing of the new law and had paid child support for many years. He did not receive a refund of even a dollar. He had regularly paid child support on the 1st and 15th of the month for many years, but had to pay the full amount of monthly child support for the last month, because it was all due on the 1st and the Termination Order was signed on the 12th.
Section 161.005, Texas Family Code, allows the man to file a suit asking that child support and medical support orders be ended. The child support will end on the date the Termination Order is signed, but there will be no repayment of child support or medical support already owing. If it seems unfair, just tell that to my client, who brought the lawsuit within 1 year of the passing of the new law and had paid child support for many years. He did not receive a refund of even a dollar. He had regularly paid child support on the 1st and 15th of the month for many years, but had to pay the full amount of monthly child support for the last month, because it was all due on the 1st and the Termination Order was signed on the 12th.
File a lawsuit, now!
The moral of this story is plain. If the facts fit, get a lawyer and file a suit as soon as possible. If a paper or a court says you are the father, you may pay $400 a month in child support. In 18 years, that will cost you $86,400.00. If you wait past the 1 year deadline, you will not be able file a lawsuit to correct the mistake.
The moral of this story is plain. If the facts fit, get a lawyer and file a suit as soon as possible. If a paper or a court says you are the father, you may pay $400 a month in child support. In 18 years, that will cost you $86,400.00. If you wait past the 1 year deadline, you will not be able file a lawsuit to correct the mistake.
No comments:
Post a Comment