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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38623
Experience:  I provide family and divorce law advice to my clients in my firm.
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Would the courts take into consideration my mortgage and child

Resolved Question:

Would the courts take into consideration my mortgage and child support that I pay for my other 2 minor children?
Submitted: 3 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your post.

Take into consideration pertaining to what, your child support payments?
Customer: replied 3 years ago.
Yes sir. Would the court in which the foreign national filed (I'm thinking she might come to CA) (that is if a child exists) when all is said and done, would the judge take into considerdation that (1) I didn't that this child existed (2) She waited 13 years to contact me, (3) I attempted and spent money on an DNA test, but she couldn't meet the requirements at the U.S. Embassy in Manilla, PI (4) I have proof of a military allotment and Western Unions that I was sending to her (09-10). I just got tired of the hustle and told her that if she ever immigrates to the U.S., then she needs to file. She told me that it would take 4 years for her to bring the child over. He will be 18 then. In your expert opinion, how would this all pan out? I know that I would definitly need an attorney to represent me. Thanks for your advice.
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up. I will do my best to assist.

1. No, if the child is yours, even if you were not aware of the child, you are still responsible for the child and the support.

2. That may possibly cut off some of her ability to pursue for back child support, but not in California, unfortunately.

3. That is telling. If you are not able to legitimately prove that the child is yours, and she failed to uphold the paternity testing, you can use that to claim that the child is not yours.

4. That is actually not good pertaining to the third point. If you were paying her, she can claim that you agreed that the child is yours and you no longer need to pursue a DNA test.

Good luck.

Edited by Dimitry Alexander Kaplun on 12/1/2010 at 6:20 AM EST
Customer: replied 3 years ago.
Thank you for the response. If paternity does happen in the next four years, would any "back support" / "arrears" be negotiated at a price that wouldn't have me living on the streets? I say this based on the fact that I didn't know aobut this, I have my family that I'm supporting and a mortgage?
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

If paternity does happen in the next four years, would any "back support" / "arrears" be negotiated at a price that wouldn't have me living on the streets?
That I cannot tell you as I do not know your income. However the courts usually do take into consideration your lack of knowledge and your lack of proper paternity of the child. Anything more than that I really cannot guarantee.

I say this based on the fact that I didn't know aobut this, I have my family that I'm supporting and a mortgage?
Those are irrelevant points. Even if you have a mortgage, it is not deemed a cost that would lower your possible obligation. Having more kids, however, would lower your overall amount that you may be required to pay for this child.

I am sorry.

Edited by Dimitry Alexander Kaplun on 12/1/2010 at 6:33 AM EST
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38623
Experience: I provide family and divorce law advice to my clients in my firm.
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Dimitry K., Esq.
Dimitry K., Esq.
Family Lawyer
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I provide family and divorce law advice to my clients in my firm.