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dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience:  JD Degree, Social Service Experience, Child Support Officer
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I been pay my child support with out the law my child is 17 ...

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I been pay my child support with out the law my child is 17 years old now and her mother wants more money How can a represent myself in court if I just can prove last year of payments and I have no more money to pay,can I revoke paternity of admission or what to do payments,I sign papers for my fisrt and second interview before go to court,and is no agreement on payment with her mother
Submitted: 9 years ago.
Category: Family Law
Expert:  dkennedy replied 9 years ago.


I would like to help. Has your ex already filed something in court? Exactly what was on the filed papers, and what date?

When do you have a court date?

Are you and the ex actually speaking at all?

Customer: replied 9 years ago.
Thank you for answer I will explain better,in dicember 6 I resive a letter from General Attorney office in houston tx for an child support review prosses notice I was sorprise, after 17 years of my dougther born an 13 years supporting her never think in somthing like that, so I went to see how this work,I have an other dougther 20 years old now never been in this matter before,so to make short trhis problem and after answer questions,they ask her and the only thing she wasn't agree is that I never giv her money and that was tru,she was married twice and has 2 more childs from someone else,and she use to spend all the money so my dougther never has enithing and I spend more money I deside to deposit on my sister in law or giver cash to my dougther or pay myself for wearever she need this start when sha was 14 years old,so I never keep resives or anithing till last year 2007,and she wants 4 years back in money she ask for 10 to 15000.00 dlls,we are not agree in anithing so I resive the second notice for Admission of paternity and waiver of genetic testing,thats what I sign the papers and I give my pay stub and last 2 years of income,now I have to apear in court in April 2,my dougther desagree with all this and she wants to help me because I always give her what she needs,she is terrific student with 4.1 score in school and she's ready to college this years for a medical forensic,I was thinking in revoke the paternity and try to talk to her mother but she just wants at list $10.000 dlls,please what can I do I been paing so much for nothing to help me or give me an idea to what to do .So do I have any rigth to protect myself, thankyo for the time to read this problem and help me with a good advise
Expert:  dkennedy replied 9 years ago.


You said you received papers about a child support review. This sounds like there was a child support order already from a court concerning your daughter. Yet you also mentioned a paper asking you to admit paternity and waive the DNA testing (genetic testing). That does not make sense to me. If there was a child support order issued by the court and signed by a judge, that is the amount that they will say that you owe. If you paid the mother or your child directly, those payments would be considered a gift. You can go to court with proof of all of the money you paid and ask the judge to give you credit for those payments. Sometimes that will work. But, if you have lately been just buying things for your daughter as she needs them, the court will mostly likely not give you credit for that money. Child support is supposed to cover part of the food, shelter costs, and other things that a parent has to pay. If you are buying clothes and shoes, that's fine, but that is not considered child support.

If no support has yet been ordered, because paternity has not been established, then you will not owe any support for years past, but only from the recent filing of the request. This would not add up to $10,000 or more. This would just be possibly a month or two of support owed.

I realize you don't have a lot of money, but I really think you need to hire an attorney to review your situation with you. It is very hard for me to determine without examining your documents, exactly what is going on. In any case, gather up the documentation of what you did pay, and get it ready for court. You might also want to take a witness that would testify how much you supported both of your children.

I hope this helps you. And please, consider consulting an attorney, rather than go into this yourself. Good luck.

dkennedy and 2 other Family Law Specialists are ready to help you
Customer: replied 9 years ago.

Thank you for respond look to me,I have no rigths,I can prove all payments ,deposits school supplyes,clothes etc for 2007,and my word and my dougther testimony dosen't count at all,a letter from my other dougther she is 20 nothing else count,everything has to be a gift is to much $6000,a gift,but I will try to contact an attorney,and thank you so much for the answer was very help full