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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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A woman I know in NC says I fathered a child with her in 2012,

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A woman I know in NC says I fathered a child with her in 2012, i had never seen the child, I live in WV, the child passed away in May 2013 due to complications. I had asked to come see the child multiple time before he passed and was told no each time by the mother, the mother now says she plans on putting a lien against my property if I don't pay her $500 dollars which she claims is my half of the burial fee . I have seen no birth or death certificate or a bill for the cremation, and there was never a DNA test done, she says she has filed paperwork to put a lien on my property,can she do this?
Submitted: 5 months ago.
Category: Family Law
Expert:  jbwarren1969 replied 5 months ago.
Hello! My name is XXXXX XXXXX X look forward to helping and providing you information today.

I am sorry you are dealing with this situation. I am sorry to hear about the death of a child, however, this woman is a little far reaching threatening you with a lien without first proving your the father which she must do with a child born out of wedlock and second one can't just file paper work to put a lien on property.

BotXXXXX XXXXXne is not she can't just file paper work to put a lien on your property based on you not paying burial fees. In addition, she would need to get a judgment against you prior to filing a lien. There is no mandate that burial expenses be paid by an alleged father of a child. She has not secured any lien right based on what you have described.

Sounds like someone is trying to scam you.


Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. If for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

Customer: replied 5 months ago.

should I be worried about this even after paying child support for a year on my own and with no judgment against me and paying $200 of the bill which she says I owe?

Expert:  Ely replied 5 months ago.
Hello friend,

My colleague has asked me to take over this matter because it is now more in the family law category.

First of all, to reiterate:

No, she cannot ask for this money. This makes no sense on her part, at all. allow me to explain why.

Unless she is a contractor hired to work on your property and was not paid, she cannot file a lien without a judgment. A Judgment can induce a lien, but she has to (1) go to Court and have you adjudicated as he father formally, (2) get a court order for child support, (3) have you not pay child support, (4) convert the child support into a civil judgment, and only then (5) file a lien.

There are multiple things here that make this even more improbable:

1) There is no mandate that the father - alleged father - has to pay for half the burial;
2) You are not the father until proven by the Court
3) Even if she alleges it, you can demand a DNA test from the court.
4) Even if you were the father, it would be TOO LATE to ask for child support if the child has passed away.

In short, this is ludicrous, and it seems she is simply attempting to SCAM you here. Someone in your situation may wish to ignore this - it sounds to me like this individual is attempt to SCAM YOU FOR MONEY.

should I be worried about this even after paying child support for a year on my own and with no judgment against me and paying $200 of the bill which she says I owe?

The informal child support that you are paying her does not bind you in any way as a "formal" parent under the Court. This would be seen as a gift from you to her. In short, this is a non-issue.

There is no judgment, and there is no court order adjudicating you as a father. There is no order for you to pay anything. Finally, no order in a regular custody/support case mandates funeral expenses, anyhow.

This is a total scam. And it would be best to avoid continuing to argue with her because it seems she is good at twisting and manipulating her claims to scare you - this is what scammers do. Ignoring her (which may be tough, I know) will eventually have her give up after fewer and fewer (but perhaps more ludicrous) threats, and then she will go away.

I hope this helps and clarifies. Gentle Reminder: Use the reply button to keep chatting, or please rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correctt. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 5 months ago.

Thank you much sir, I have ignored and not answered any of the messages she has sent me on the matter, in fact I was paying about 20% more than a court would have mandated in child support, I appreciate your help in clarifying this for me.....thank you and I will continue to ignore her

Expert:  Ely replied 5 months ago.
You are very welcome. I know this must have been hard, emotionally.

Good luck, and please don't forget to rate my answer in one of top three faces and then submit – it is the only way I get credit for my time with you – or, please reply to keep on chatting – I want you to be satisfied.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 85133
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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