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LawBeagle
LawBeagle, Attorney
Category: Legal
Satisfied Customers: 961
Experience:  Licensed attorney
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why do i need to pay child support knowing that i am not the

Customer Question

why do i need to pay child support knowing that i am not the legally father of the child and i have the proof of the DNA do i have the case to appeal this in court ?
Submitted: 5 years ago.
Category: Legal
Expert:  Phillips Esq. replied 5 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

Could you explain a little more?

 

Have you actually filed complaint to determine paternity with the Court?

 

Is your name currently on the Birth Certificate?

 

How old is the child?

Customer: replied 5 years ago.
this all start when me and the mother of this child got seperated we are not, but i do have 2 legal child to her plus this 1 cild not my legal kid and she went to apply for child support and put 3 kids and the court send me letter about this file but i did not get a chance to confined it.. no i did not have a chance to show the DNA to the court cause i am not sure how and afraid i might hurt the child's feeling, back then cause the child was only 12 years old but now she is 15 years old, no the child not using my name she using her mother name..
Expert:  Phillips Esq. replied 5 years ago.

Thank you for the additional information.

 

Unless you file complaint /petition with the Court to Determine the Paternity of the child and the Court rules that the child is not yours, you would be liable for child support for the child. So, in order to avoid paying child support for this one child, you must file complaint to modify child support stating that one of the children is not yours and for the child support to be based on two children and not three children. You must also file Complaint to Establish Paternity for the child at the same time so that if the Court finds that the child is not yours, your complaint for modification of child support--your complaint to reduce your child support would be granted.

 

Click on the link below to download the forms. The forms numbers are 12.905 and 12.983:

 

http://www.flcourts.org/gen_public/family/forms_rules/index.shtml

 

Customer: replied 5 years ago.
but the case is filed in California, can i appeal it here in Florida ?
Expert:  Phillips Esq. replied 5 years ago.

but the case is filed in California, can i appeal it here in Florida ?

 

Response: You did not mention that your "case is filed in California." Actually, you put down Florida as the State in your narrative.

 

No, you cannot file appeal in Florida. You must file your appeal where the case is pending in California.

Customer: replied 5 years ago.
my 2 legally child to her they are allready in legal age 1 is 21 and the other 1 is 22, me and the mother of my kid settled this back on Nov, 2009 and pay her for the money i owe for the child support and she agreed to close the case and not to contest on the other kid that is not my real kid, but now i recieve new letter from child support about i need to pay child support for her kid that is not mine, what should i do now ?
Expert:  Phillips Esq. replied 5 years ago.
I will opt out and give another Expert the opportunity to further assist you.
Customer: replied 5 years ago.
my 2 legally child to her they are allready in legal age 1 is 21 and the other 1 is 22, me and the mother of my kid settled this back on Nov, 2009 and pay her for the money i owe for the child support and she agreed to close the case and not to contest on the other kid that is not my real kid, but now i recieve new letter from child support about i need to pay child support for her kid that is not mine, what should i do now ?
Expert:  LawBeagle replied 5 years ago.

Hello, the other expert is correct in that you will have to file an appeal in California. Your first step may be to call the child support agency that sent you the letter, and explain that it is not your child, and you have the DNA test to prove it. They should tell you whether or not a court order has been entered against you for the second child. If there is a court order against you, you will want to hire a California attorney who can help you appeal the order.

 

Hope this helps! Thank you!

Customer: replied 5 years ago.
even tho this is old case and we settled this and the mother volunteer to close this case and now the child support sending me a letter to pay the child that is not my kid, is this because she re open the case ?
Expert:  LawBeagle replied 5 years ago.

It is possible that there has been a mix-up in the child support office, but it is possible that she reopened the case - although usually you would have been served paperwork. The child support office should not be asking you to pay for a child for which no court ordered grant of child support has been given. So it is either mix-up, or they are enforcing a court order that your ex obtained.

 

Thank you!

Customer: replied 5 years ago.
so what is the best thing to do for me to find out if this is mixed up or re open case or what to do if she did re open the case orthey enforcing this case ?
Expert:  LawBeagle replied 5 years ago.

Call the number that was on the notice that was sent to you - they will be the best source of information and they can't make you pay or enforce anything over the phone. They already have your address, so they know where to get in touch with you, so there is no reason they should not speak to you on the phone and forward any documentation they might have to you.

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