How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 36980
Experience:  30 years as a family law lawyer .
8534270
Type Your Family Law Question Here...
RayAnswers is online now
A new question is answered every 9 seconds

I have a daughter who will be 5 this december. i tried to

Customer Question

i have a daughter who will be 5 this december. i tried to set up payment arrangements with the attorney general and they said that since we used private attorneys that they didnt have a file on me. my question is this, do i need to worry about the state filing against me if im behind?
JA: It's hard to know for sure. The family lawyer will figure it out.
Customer: thank you
JA: Family law varies by state. What state are you in?
Customer: texas. the mother said that she doesnt wish to file. we do have our own arrangements though. i was asking because i have heard that after age 5 the state no longer offers wic to the child.
JA: Have you talked to a lawyer yet?
Customer: no. i havent been able to yet. i have had legal trouble the last 4 years
JA: Anything else you want the lawyer to know before I connect you?
Customer: been in prison unable to work or pay.
Submitted: 16 days ago.
Category: Family Law
Expert:  RayAnswers replied 16 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 16 days ago.

Texas has a 4 year limit to file for paternity here and back support.So if it has been more than 4 years and no paternity established they cannot sue you for this.

§ 160.204. PRESUMPTION OF PATERNITY.
(a) A man is presumed to be the father of a child if:

(1) he is married to the mother of the child and the child is born during the marriage;

(2) he is married to the mother of the child and the child is born before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

(3) he married the mother of the child before the birth of the child in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

(4) he married the mother of the child after the birth of the child in apparent compliance with law, regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child, and:

(A) the assertion is in a record filed with the bureau of vital statistics;

(B) he is voluntarily named as the child ’s father on the child ’s birth certificate; or

(C) he promised in a record to support the child as his own; or

(5) during the first two years of the child ’s life, he continuously resided in the household in which the child resided and he represented to others that the child was his own.

(b) A presumption of paternity established under this section may be rebutted only by:

(1) an adjudication under Subchapter G; or

(2) the filing of a valid denial of paternity by a presumed father in conjunction with the filing by another person of a valid acknowledgment of paternity as provided by Section 160.305.

§ 160.607. TIME LIMITATION: CHILD HAVING PRESUMED FATHER.

(a) Except as otherwise provided by Subsection (b), a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father shall be commenced not later than the fourth anniversary of the date of the birth of the child.

Expert:  RayAnswers replied 16 days ago.

Here if the mother is getting medicaid or other benefits then the AG can sue for child support/ paternity up to the child's 4th birthday.Unless you singed affidavit of paternity here or were married to the mother they cannot file after 4 years here.

Any deals you make with the mother are not binding on the AG if the mother is getting welfare benefits here.

I appreciate the chance to help you today and wish you the best.

If you can positive rate 5 stars when we are done it is much appreciated.Thanks again.

Related Family Law Questions