my fiance was just bombarded with a possible 7 year old daughter, he had attended court years ago when he was into drugs and does not remember ever being in court. there was never a dna paternal test done and now family maintenance is garnishing half of his paychecks. the other woman has now stated in a saved email that she will agree to do a dna test and if he is the father wants him to give up his rights and supposedly not take him for anymore child support. what are the steps we should take? if he gives up his rights is he still financially obligated? if he isnt the father will he get the money back?
speaking with family maintenance asking for a copy of the court order, researching for dna tests now wanting to speak with a lawyer
There is no such thing as giving up his rights unless the child is adopted by another father.
He can not see the child but unless the child is adopted he must pay support.
If he has paid and it's not his child then he can seek to vary the Order and will be able to get the money back.
how can a court order have been made for him to pay support if there was never a dna test done?
andif he is not the father how does he get his named removed from the childs birth certificate as she was sure it was his child she put his name down anyhow
He did not defend the Court action.
As his name as on the birth certificate and as the mother said he was the father he had to ask for the DNA test back then.
He did not so the order was made.
He can have the name removed with a Court Order.
so because he never defended the court action and he isnt the father, is he still entitled for the money back that he has paid?
If he can prove his is not the father then yes.
how will he get the money back if she is on welfare assistance?
He may not be able to if it's spent and she has little income but he can keep the Judgment for later and perhaps at some time she will have income or assets.
he has to file his past 5 years of taxes and will get a refund, will family maintenance take that money right away if he has filled out an income report and has agreed to pay a certain amount monthly?
They should not take that if he is fulfilling the agreement requirements.
how can we make asure they will not the money because he owes monthly and for errers
He can call and ask them but if they have agreed to his payment plan they will not look for money like this to take
ok thank you
I am a practicing lawyer and have also been an expert on JustAnswer since July 2008.