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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31663
Experience:  JD, 16 years legal experience including family law
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What if a man was married but separated from his wife, during

Customer Question

What if a man was married but separated from his wife, during this time she was with someone else had a set of twins, The actual husband was not there during the birth or any part of the pregnancy. Somehow his name wound up on the birth certificate and he has paid child support for three years on these children. He wants to order a DNA test. What can he do? Will he ever get his money back? Can he sue the mother? What about the forgery on the birth certificate?
Submitted: 11 months ago.
Category: Family Law
Expert:  Tina replied 11 months ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

Have the husband and wife reconciled? Who has acted as a father to the twins? Was the boyfriend ordered to pay child support by a court?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 11 months ago.

No they are divorced now but had gotten together briefly since the children were born. There is another man who is involved with the children that is believed to be the father. Jose has never said the twins were his and swears she forged his name on the birth certificate because he was not at the hospital or with her at that time. Jose is court ordered to pay child support.

Expert:  Tina replied 11 months ago.
Hello again, Mary, and thank you for clarifying this for me.

Do you know whether Jose opposed the petition for child support and alleged in that proceeding that the mother had forged his signature on the child's birth certificate?
Customer: replied 11 months ago.

I guess my last one didn't post. I do not believe he contested anything for the reasons he didn't know what his rights were and he didn't want his now x wife getting in trouble she has like six kids. He has a heart unfortunately. That why were in this situation

Expert:  Tina replied 11 months ago.

I see. Thank you for providing this additional information.

Unfortunately, when the court was determining whether to award the mother child support, that would typically have been the time for Jose to have contested paternity and allege that the mother forged the birth certificate.

Since paternity has been established (which is a prerequisite for ordering child support), it would now be too late to raise these allegations unless Jose has come across some new evidence to support his claims that he did not know about when the order of support was entered.

If he has, then he could file suit against the mother for paternity fraud, seeking damages against her for the support he has paid and a declaration by the court that he is not the father of the children.

This is a difficult case to prove typically, so he would need to retain an experienced local family law attorney if he wishes to pursue such an action.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Expert:  Tina replied 11 months ago.

Hello again Mary,

I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.

Is there anything else I can assist you with?

If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/

Thank you very much and all the best to you.

Tina

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