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Michigan. Late 03 married a woman 6 mo. preg by another.

Michigan. Late 03 married...

Michigan. Late 03 married a woman 6 mo. preg by another. Lived separate majority time 04 & 05. I walked away permanently when she hit me w can opener drew blood early 06. She divorced mid 07 stating no children to marriage. The county just filed for child support on behalf of the state on behalf of her. I have copy of letter she wrote to county stating I'm not a parent. This is same court that approved the no children divorce in 07. I left the county early in 06. No contact or knowledge of anything to do with them. Why did the county file this despite, and is this a given case in my favor or the state's?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

They filed mar 30. I just got copy of letter and decree on friday..still working on my answer to complaint.

Lawyer's Assistant: Family law varies by state. What state are you in?

I know. Michigan.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this point.

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Answered in 4 minutes by:
4/15/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,169
Experience: Licensed to practice before state and federal court
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Hello I am an attorney here to help. I'm sorry to hear about your situation. So, the big issue here is whether you are the father to this child. If you are the father, then whether the state granted the divorce without children is notwithstanding. For instance, you and your former wife could have have a child together after the divorce. You're still liable for the support payments. In your opinion, are you the father of the child?
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Customer reply replied 4 months ago
In my opinion (and I believe in hers also) I am in no way father or parent of any kind to the child.
Understood. I'm sorry to hear that. What you will need to do is order a paternity test. Because you were married, the state assumes you are the father. The state will need to see some proof to the contrary. You should ask the child support entorcemrnt division about their process for requesting a paternity test. The court will order the mother to provide a sample for the child and the testing company will be from a select few authorized by the state to conduct the tests. Once the test comes back, the court will then enter a new order prohibiting the collection of support from you.
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The mom will need to find the other father and make him pay.
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Did you have any other questions for me today?
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Customer reply replied 4 months ago
I want to be clear that a negative paternity test will definitely clear me from obligation. Also she states in her letter bio father is deceased.
You have no obligation to a child you did not conceive or adopt. Even if the bio father is deceased, you are not responsible.
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Get a test ASAP and it'll clear you completely. Did you have any other questions for me today?
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Customer reply replied 4 months ago
Do I request that test in my official answer to the complaint, or before I submit that answer?
You should request it in your answer to the complaint. However, my recommendation would be to contact the child support enforcement office to find out exactly how you request a DNA test in your county. Because each County in your state operates a little bit differently, it's important to find out from them for sure. I don't practice in your County so I don't know something that's specific, but I do believe that they should be able to tell you because this is a relatively, thing.
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Customer reply replied 4 months ago
OK. I'll check with them asap. I think you've helped me with my direction and next steps. Thanks. Like your handle..to think you're the only one on this site that got to use it ��
You're certainly welcome! If you have the chance, would you mind providing me a 5-star rating today? I would sincerely ***** *****
Legal Eagle
Legal Eagle, Lawyer
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Customer reply replied 4 months ago
No problem.
Thanks!!
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