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Hello Welcome and thank you for your questionI am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive ratingWhen you say "giving" her $400 a month - is that by court order? And you never had a paternity test done? Is she married to this other person? Also do you have any relationship with the child?
the $400 a month has been direct deposited into her account monthly for 12 years. It was just a personal agreement between us (no courts involved). And we never did a paternity test. She never married the other guy but they resided in the same residence for the last 12 years and even received mail there.
Can I as an "outside" third party file the Estoppel or does that have to come from her? Also, could she try to "beat me to the punch" by going to the court to have paternity established before the resolution of the Estoppel? Or would it be that she would try to establish paternity and I would refute it by saying that she has been with and residing with this guy for over a decade. They just broke up, so I feel if I am going to do it, the time is now.
You may file it And yes, she may file to have a paternity test request filed for up to 3 years after the child's 18th birthday.Then, of course, you need to show that the child is also getting support from the live in boyfriend. And if they just broke up, then you may be on the hook - because he is no longer in the picture - and the child has to be supported. In other words, the courts are not going to say "oh ok - you have been paying for 12 years and now no one to pay so let's put the child on welfare" That will not happen.
If the boyfriend was still in the picture, I suggest, you would have a greater shot at such an estoppel case.