Just became the step-mother of a 7 yr old. Support Questions...

[Mistangelique]

What is the name of your state? Ohio

OK I'm going to summarize this as much as possible as I'm due back to work shortly. My husband just got results back from a paternity test that named him the father of a 7 yr. old boy. He was 17 and a senior in highschool when this child was concieved. The mother was married to another man (he tells me they were seperated. I don't know if it was a legal seperation or just living in different places) and had a 5 year old child at the time. She was over 21 (he can't remember for sure). This woman never bothered to tell my husband that he had fathered this child. We have a month and a half until we go to court. I attempted to decipher the O.R.C. and I found two parts that interested me. The 1st sounded as if a minor male who fathers a child is not responsible for child support. If that's not the case, there is another bit that seems to say that if a father is not notified of parentage within 3 yrs, back support cannot be ordered. I am incredibly concenred about this because my family is living well below the poverty level, and if we lose any more money, we are going to lose everything. I can barely keep our utilities on as it is.

One more thing: At the original hearing they requested a copy of last year's w-2's. This seems unfair to me as last year I made half of our income, and it's not split up as far as who made what anywhere on the form. Also, my husband lost the job he was working last year and is now making less than half of what he did last year. This leaves me the primary bread winner, and I don't think they should take my wages into account. I had nothing to do with this.

Any advice would be oh-so appreciated. Feel free to email me.

I know we need a lawyer, I just have no idea how to pay one.

 

[casa]

What is the name of your state? Ohio

OK I'm going to summarize this as much as possible as I'm due back to work shortly. My husband just got results back from a paternity test that named him the father of a 7 yr. old boy. He was 17 and a senior in highschool when this child was concieved. The mother was married to another man (he tells me they were seperated. I don't know if it was a legal seperation or just living in different places) and had a 5 year old child at the time. She was over 21 (he can't remember for sure). This woman never bothered to tell my husband that he had fathered this child. We have a month and a half until we go to court. I attempted to decipher the O.R.C. and I found two parts that interested me. The 1st sounded as if a minor male who fathers a child is not responsible for child support. If that's not the case, there is another bit that seems to say that if a father is not notified of parentage within 3 yrs, back support cannot be ordered. I am incredibly concenred about this because my family is living well below the poverty level, and if we lose any more money, we are going to lose everything. I can barely keep our utilities on as it is.

One more thing: At the original hearing they requested a copy of last year's w-2's. This seems unfair to me as last year I made half of our income, and it's not split up as far as who made what anywhere on the form. Also, my husband lost the job he was working last year and is now making less than half of what he did last year. This leaves me the primary bread winner, and I don't think they should take my wages into account. I had nothing to do with this.

Any advice would be oh-so appreciated. Feel free to email me.

I know we need a lawyer, I just have no idea how to pay one.

Perhaps you are confusing last years' tax forms with W-2s? You and your husband should have separate W-2s, which will detail which of you made how much.

Bring in paystubs from the time your husband has had his current job, which will accurately reflect his income. Your income is not going to be a determining factor in child support. Your living expenses will also be accounted for. Please check out your states child support guidelines, so you can see what he will be facing. Have you tried checking out any legal aid services or pro bono attorneys? Possibly your low income will qualify you for their services? Worth looking into at any rate.

Once paternity is established, your husband has a right to ask for visitation. It will probably be minimul at first, and graduate up to a normal schedule. He has every right to get to know this child who's life he's been cheated out of being a part of.

 

[rmet4nzkx]

If she was 4 years oder than him she might be charged with corruption of a minor, although it may be too late to do that.
In general, child support would be based on when she filed the paternity case, so if that was 6 months ago it might go back that far, perhaps no more than 3 years.
In General, child support is based on the parent's income, not that of the spouse, however they may want to see both to see if any income changes were made to avoid child support. So there may be a quesiton about when he lost the job, before or after the paternity petition and he might still be ordered to pay based on income potential so as to encourage him seeking employment.
It is really best to have an attorney for this.
Your husband will have to file for custody and visitation if he wants a relationship with the child. The amount of visitation, may impact the amount of child support.

 

[Tunie]

Silly question with regards to this... the poster said her husband has been notified he conceived a child when he was 17. Ignoring everything else but the statement "The mother was married to another man" at the time of conception, wouldn't that make the husband of this woman the legal father based on the assumption I've seen "children of the MARRIAGE" ?? If this woman was married then got pregnant, I thought the husband would be presumed to be the father just by virtue of being married to the woman at the time of conception.... Just a curious question??

 

[VeronicaGia]

Go here for some information at a glance:

http://ocse3.acf.dhhs.gov/ext/irg/sps/report.cfm?State=OH&CFID=420369&CFTOKEN=96419774

 

[Mistangelique]

Silly question with regards to this... the poster said her husband has been notified he conceived a child when he was 17. Ignoring everything else but the statement "The mother was married to another man" at the time of conception, wouldn't that make the husband of this woman the legal father based on the assumption I've seen "children of the MARRIAGE" ?? If this woman was married then got pregnant, I thought the husband would be presumed to be the father just by virtue of being married to the woman at the time of conception.... Just a curious question??

Yes. The child was presumed to be her husbands. We are under the impression that the mother may have simply passed the child off as his. They had paternity testing done with him last september, disproving his paratage. I have no idea who brought up the paternity suit, but we have seen papers on it now.

 

[Mistangelique]

If she was 4 years oder than him she might be charged with corruption of a minor, although it may be too late to do that.
In general, child support would be based on when she filed the paternity case, so if that was 6 months ago it might go back that far, perhaps no more than 3 years.
In General, child support is based on the parent's income, not that of the spouse, however they may want to see both to see if any income changes were made to avoid child support. So there may be a quesiton about when he lost the job, before or after the paternity petition and he might still be ordered to pay based on income potential so as to encourage him seeking employment.
It is really best to have an attorney for this.
Your husband will have to file for custody and visitation if he wants a relationship with the child. The amount of visitation, may impact the amount of child support.

Yes, funny that she would wait exactly until the statute of limitations for such a crime had expired in the state of ohio to bring this up, eh? We thought of that too. However, even if charges cannot be pressed (we wouldn't do that anyway) would the court not see that as an issue in my husband's favor? I do believe that even if you cannot be punished for a crime, you cannot benefit from it?

 

[rmet4nzkx]

The mother's husband at the time of the birth is the legal father and has right's and responsibilities. Has there been a divorce or court orders re the child? While the mother may petition to establish paternity and your husband's DNA may have been a match, it is important to know if upon receiving the results proving your husband's paternity, what did the legal father do? Did they disestablish paternity? What has happened since September? Answers to these questions will affect advice. The fact that there was fraud on the part of the mother might be proven several ways and the SOL on corruption of a minor might be tolled for that reason. This indeed might be something to use. This can get very complex and your husband will need an attorney to represent his interest and possibly a Guardian ad Litem for the child.

 

[Mistangelique]

The mother's husband at the time of the birth is the legal father and has right's and responsibilities. Has there been a divorce or court orders re the child? While the mother may petition to establish paternity and your husband's DNA may have been a match, it is important to know if upon receiving the results proving your husband's paternity, what did the legal father do? Did they disestablish paternity? What has happened since September? Answers to these questions will affect advice. The fact that there was fraud on the part of the mother might be proven several ways and the SOL on corruption of a minor might be tolled for that reason. This indeed might be something to use. This can get very complex and your husband will need an attorney to represent his interest and possibly a Guardian ad Litem for the child.

They were disestablished last september