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My fiancee has always been portrayed as the father in public and to the minor child born 5/17/01. Her mother and new husband were moving out of the state and taking the child with them. We hired a lawyer and was granted some custodial rights because he has been there for the child/mother financially and emotionally since her birth. DNA test was performed in 2003 that was not favorable and proved he was not her father. However, the mother continued to allow him to be in her life and provide for them financially. The agreement reached on 3/27/09 allows us to have the minor child during the summer, fall/spring breaks, week at Christmas and every other Thanksgiving. When discussing the proposed agreemnt with the lawyer, he said not to mention anything about support. However, when we went to review the agreement (30 minutes prior to the mother coming) he had added support into the agreement. The agreement states that my fiancee is liable for support under the NC Child Support guidelines (schedule B) and for carrying the child on his insurance. We are trying to be proactive and determine approximately how much support he will be liable for. Hope this gives you some more information. FYI - we feel a little deceived by our lawyer. It appears that he was playing both sides of the fence and we don't know if we should trust what comes out of his mouth. OUR lawyer told the mother to wait until she obtained a job in Texas before filing for support. He did not want her previous income being used if she obtained a job making less in TX. We had to obtain a court order which gave us temporary custody of the child on 3/20/00. Court date set for 3/27/09. When the mother appeared at OUR lawyer's office. He spent 1.5 hours talking with the mother/husband at our expense. I am not undermining any lawyers ability, but it just caught us off guard.
The court agreement does not list him as the legal father anywhere. The alleged father has been contacted and wants to take a DNA test. However, the mother/husband changed their numbers after contacting him. We are in contact with the alleged father who wants to take the DNA test, but does not know how to reach the mother to accomplish this task. Therefore, I am almost positive that my fiancee was not named the legal father. All of this information was disclosed to our lawyer.
I wish that we had talked to you earlier. The papers were signed on 3/27/09 prior to the court appearance. As stated earlier, I felt like the lawyer was playing both sides of the fence. The agreement was plain and simple until we got to the area of support. We knew that we would be liable for support, but we wanted to put a set amount into the agreement. The lawyer said NOT to mention it at all. However, when we went to review the agreement, support was mentioned and was to be calculated based upon Schedule B. I asked him what is schedule B. He explained when the worksheet was used - joint custody and stated that the amount we would be paying would be substantially less than using the schedule A. He said this was a great battle if the mother would sign stating that support would be done based on the schedule B even though we would not have the child the required 123 nights. As mentioned earlier, the mother/husband was scheduled to appear at the office within 30 minutes of us reviewing the agreement. We thought the lawyer would be looking out for our best interest. Obviously NOT. Hopefully, this is my last question...If the minor child was to decide that she did not want to visit anymore during the summer (not because of bad blood, but as children get older, they may want to stay with their friends and be involved with school activities during the summer), would we be able to stop the agreement?