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My husband is from arizona . he had a relationship one nite with a woman from new mexico. in 1993. a year and a half later she called him that he had fathered a child. He told her to start blood tests. She never did. A year ago she finally got ordered the test. 2008.. now financially she wants all this back pay. If she would of done this when the child was born this would not hurt financially. I have a son with a lung disease and a mother with Alzheimer's. financially we help with both. He wanted to give up his parental rights. What are his rights?
Already Tried: Have a lawyer in new mexico but his advise is not been very helpful the times we have talked. He is in NM and us in ariz.
Good Evening,
Thank you for choosing JustAnswer.
If your husband is found to be the father of this woman's child, the most he will have to pay in child support is from the date she files a Petition for child support; he will not have to pay retroactively from the time the child was born. When and if she files a Petition for child support, in detrmining the amount to be paid, the Court will take into account his support obligations for other children (your son) as well as his extraordinary needs.
If your husband chooses to give up his parental rights by signing a "Voluntary Relinquishment of Parental Rights", it will not relieve him of his obligation of support unless the child is adopted by the woman's husband, if she is married.
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I wish you the best and Good Luck!
ANDREA, JD, LL.M., Taxation
Member, NY & PA Bar
DISCLAIMER: The facts stated herein are information only and are not intended, nor should be construed as legal advice or legal opinion and No Attorney-Client relationship is formed by asking questions and receiving information; laws vary from state to state and to protect your interests, you should seek local counsel
Attorney
25 Yrs. Family Law, Estates, Real estate & Bus. Law, Criminal Defense, Immigration, Employment Law
Thank you, XXXXX XXXXX since we could not get a lawyer to even consult with us. Thanks again. Kathy
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