DNA/child support with attorney


#1

I just found out that my case has been changed for the following month due to my daughter’s father getting an attorney. We were going to court for him to do a DNA.

  1. Why would he get an attorney? He is the father, shouldn’t he just take the test?

  2. Wouldn’t his attorney just tell him to take the test?

  3. Can the DNA be denied?

Thank you.


#2

The paternity test will be used to verify that he is actually the father of your daughter. Presumably, that means either you weren’t married or the putative father did not sign the birth certificate when your daughter was born.

I don’t know why he would get an attorney unless he plans to claim that he is not the father. If you have even a shred of evidence that you and he engaged in sexual intercourse during the appropriate period of time, the DNA test should not be denied.


#3

There is a 100% positive that he is the father. Matter of fact, i just has the test done in Jamuary 2009 with my STBX to get himoff the birth certificate. The STBX test came back as him Not the father.

What type of proof would I need? I didn’t keep nothing he gave me.The only thing I have is a rental agreement that both are names are on it. Also my children knowing he has always been around. I also have his girls who were at the hospital the day she was born. Also that he has watched her when she was a baby with his kids around.

What do I say to the judge to get him to understand he is trying to stop the DNA?

His military career is at stack when this DNA comes back. Can a judge grant no DNA when I already did a DNA on my STBX and it was proven he is not the father?


#4

I like to also add something else.

Can he walk into the court room and say he wants nothing to do with the child to stop the DNA from being done?

Would a judge stop the DNA test from being done with him having an attorney?

The child support division hasn’t called me back so i could ask them all these questions. I am just confused as to why he would need an attorney to fight a DNA test from being done. I know he throw up at one point a few months ago that it was against his consitutional rights. I am wondering if that is why he hired an attorney, beside protecting his military career.

Thank you,

Confused, stomach turning.


#5

Your testimony is evidence as well as any other proof you may offer. I am fairly confident the judge will order the test to be done no matter what his lawyer says. The Supreme Court of the United States has ruled that an order to produce non-testimonial evidence (hair samples, blood tests, and DNA tests) does not violate a person’s constitutional rights.


#6

Thank you so much!

I do have one more question, but am sure I will have more later.

How many times can they cancel a court date. We were to be in court March 19th. He hired his attorney and they changed it to April 16th. The reason was for them to comply to the order. What does that mean?


#7

Con’t

  1. Does his attorney mean by complying to do the DNA?

  2. If his ex wife and him have 50/50 custody, and no one pays support at all, Does he get a credit for that?

I have done the calculations and it show no difference either way, but for maybe 40.00 more not putting the children in there.

Oh, and I know he reads these for he is the one who told me about this site.


#8

If a continuance was granted to allow him to comply with an order, he is likely having the DNA test done.
There is no credit for children who live with him. Your child support is an entirely different action, and if his child lives with him, and he is not under order to pay support for that child, the other child is not accounted for at all in the calculation of your support.


#9

So Erin, what you are saying is that since he has 3 other children who live with him 50% of the time, they will not be counted for in the child support calculation?

His ex wife nor himself pay either support for the children. They pay their own living expenses when the children are with that parent.

Thank you so much for answering my question. I still haven’t heard back from the child support division on what is going on.


#10

That is correct. Other children are not accounted for unless he is paying child support to their mother


#11

It has come to my attention yesterday that I’m up for a big fight. Not only did he hire this attorney for the DNA/childsupport, but also for custody.

Why in his right mind is he thinking. He abandoned her a year ago. He told everyone who found out about her, that she wasn’t his daughter. He told the USMC, his ex wife, her family, friends, EVERYONE!

Now he is going to ask for custody, What in the world do I do? I’m a single parent with 6 children. I have a nice home and support them. I take really good care of them. They don’t get beat, left alone, abandoned, or anything. I remember back in July of last year he said that if his command ever found out about her that he would take me to court to take her away from me. Why is this going on? She doesn’t know him, and it is his fault, not mine. He is the one who walked away from her. She is not even 17 months yet.

What do I do? Why do I have to go up against him and yes an attorney who is an awesome one. She is all about the children. I’m not an unfit parent by no means. Matter of fact when he was having trouble with his girls, I was trying to help him with them. I would sit and talk to them. explain things to them and they would stop what they were doing. They would listen to me and had full respect. But when he was trying to get back with his ex wife and i found out about it. That is when the cat got out of the hat.

Yes his ex wife is on my side. She thinks it is all messed up, but come on. Why and how would he get custody?

Stress out on the subject.


#12

If the child is proven to be his, he will have the right to visitation, unless the court finds that he is unfit or that his spending time with the child would be contrary to her best interests. You have been the sole caregiver in her life thus far, and based on the facts, I can’t see that a custody suit will result in his gaining custody.
You will need to tell your side of the story through your testimony, and the testimony of any witnesses you wish to call.


#13

Yes, he does have rights for visitation, but I want it to be supervised because he agreed with his ex mother n law that she should be dead. I have the police report that was done, not only by me, but by a witness.

His ex said that he doesn’t know nothing about taking care of a baby, not even how to change a diaper. Gosh, why do I have to encounter this? All I wanted from him was for the Dr’s to drawel his blood for thessemia. A blood disorder he is a carrier to, at which my daughter is as well.

I told him about it and he didn’t care at all. She has been sick. Her iron level was down to 3. What is the normal range, um 13 or highter. Everytime she went to the Dr, I would call him and tell him. He didn’t care one bit. All the time’s she was running high fevers for being so sick, he didn’t care.

She is going on 17 months old. I have had her since birth. I never once failed in letthing him visit her or see her. But when everything was out in the open, he just abandoned her flat out. I never asked for money for her, only maybe diaper’s every now and then, when he asked if I needed anything.

Why do mother’s who do the right thing, get screwed? Why is it that a man can think he can do whatever it takes to make a mother look bad? Why do they lie to get what they want? I am at lost words on all this.

Erin, am I going to have to find a way to get money to get an attorney? Am I going to have to be repaired to go up against a big battle with all this?


#14

A few more questions Erin if you don’t mind.

  1. Now, when we go to court, I know the judge is going to order the DNA. How does the judge determine child support? He does have 3 other child but doesn’t pay support on them at all. His ex and him split 50/50.

  2. Can his attorney convince the judge to order support that is way lower than what is asked by the child support division because of his high cost of living in has?

  3. I have supported this little girl on my own for a long time. I know that the child support division can only go back to when I filed with them. How does it work from the beginning when she was born? Is this a seperate action?

  4. If i maintain primary, (no custody in order, as of yet) how will child support be based on visitation? So far he hasn’t had any. (his choice).

  5. Even thou nothing has gone to court yet, should I get an attorney to fight for primary custody with him having so little visitation, supervised vistation on his actions in the past with her well being?

  6. Does a judge follow more on an attorneys side, or child supports side?

I have found in the past that if an attorney is present the other party gets screwed in the case. I’m worried about this. What is going to happen in court when we go for the first time? Doing DNA, child support, medical, etc. Please court is coming up in less than a month and need advice on all this.


#15

Could I please have these questions answered. Thank you so much.


#16

Child support will be determined based on the gross incomes of both parties, day care costs, and medical insurance costs. There is a child support calculator on this site which you can use to estimate child support. It will direct you as to what info you need to provide. For the children that live with him the court will account for the guideline amount for those children. Cost of living is not accounted for.
If you are seeking child support from the date of birth you will not have to file a separate action if you included a claim for retroactive support. The court may award the guideline amount back to the date of birth, or they make inquire as to what the actual expenses have been and order that he reimburse you for a portion of those expenses.
Child support will be calculated on a Worksheet A if you have sole custody, the calculator will prompt you to account for the number of days you have her.
I always recommend that folks retain attorneys to guide them through this process. Once paternity has been determined you need to file a claim for custody immediately.


#17

Thank you so much Erin.

I called the Child support division and they said they will only go back to the date I filed with them. How do I go about doing the retroactive?

Also, you say I need to file for custody ASAP. Should I go ahead and get an attorney now, even though the test hasn’t been done? Money is so darn tight.


#18

You should hire an attorney as soon as paternity is determined by the judge. The attorney will guide you through the process once you file your child custody claim, and can also add a claim for back-child support, and attorney’s fees.


#19

Thank you again Erin. You are so very kind to answer my questions.


#20

I am happy to help and truly do wish all of you the very best.