What just happened?

North Carolina Divorce Law Divorce and Separation Answers
1

Last Friday we went to court to proceed for DNA. I sat there all morning. Our case is called up and his attorney is there, but no sight of him. His attorney pulls the CS people to her. She is talking to them while showing them stuff in this book. They call me outside and tell me this…

His attorney has informed us that if we go with the DNA that he would be up for court marshall in the USMC. They are willing to pay monthly support up to Dec and then DNA can be done. I told them NO because I want the DNA done. The Dr is wanting him to take a text to check for a blood disorder that he carries. Childsuport says to me that if we request DNA and it is proven through the courts that he is the father (at which he is) then he wouldn’t get his retirement and I wouldn’t get support. I told them I didn’t care about his career/retirement that I only cared about my daughter. They said hold on.

They went back to his attorney. Came back to me and said this.

Okay, we need to make sure we have your current address, he is going to send you a check each month to your home. He is going to do the blood work, but you have to send us the information so we can pass it off to his attorney. If he doesn’t do the blood work then we are going to have the DNA done.

Okay I"m very confused and I don’t understand what happened. Why would a man who tells so many people, especially his bosses in the USMC that she isn’t his daughter, but he is going to pay so much money in support? I know 100% he is the father and so does he. Why can’t he get off his butt and just do the test? I don’t think his career has anything to do with it. I think it has to do with his pride.

Did I make a big mistake about this? Now do I have to get an attorney to get custody since he is starting to pay support? Does this mean he can take her away from me if he feels like it? Please help me understand what is going on and what I can do?

Thank you

2

Can an attorney please advice me on this.

Thank you in advance.

3

If he is the father, then he will be able to spend time with your daughter. The time may be limited depending on circumstances and your daughter’s age. If you both cannot reach an agreement about custody, then you should hire an attorney to defend yourself against any custody lawsuit that he files.

I cannot speak as to why he refuses to take a test or to the strategy of your current attorney, as they have more facts upon which to form an opinion.

He cannot take your daughter away without consequences, as a court would order your daughter to be brought back.

4

Thank you.

Here is the problem, we were going to court for DNA to prove he is the father. He is refusing to take the test because of his military retirement. We both know he is the father, but doesn’t give a crap. Now…

Why would his attorney say he is going to pay $$$$$$ for child support, but yet there is nothing saying he is the father? He doesn’t want the DNA done until he is retired from the military.

I don’t have an attorney. It is the Child support Division attorney who is doing this.

My main question is this, Him and I, both know he is the father. By him paying support without the DNA is it saying he is saying he is the father without saying he is the father on court records?

5

No, there is no significance of him paying support. He is probably being advised by his attorney to pay support now, because if he knows he is the father, he will also have a huge child support arrearage once the DNA test confirms paternity. That will not look good in a court’s eyes, which may have some impact on the custody schedule.