Legal Question in Family Law in Georgia

I recieved a letter in the mail informing me I had an appointment to take a DNA test to establish patarnity of a 17 year old child.

The background is this. I dated the girl for about 7 months, found out she liked to play the field. actually caught her with another guy so I broke it off. about a month later I learned she was pregnant and offered to get a blood test (this was 1993). She informed me I was not the father of teh child.

Now 17 years later I am being told I have to take a DNA test. I got the letter from the DA's office so I know its legitimate.

A few things I am courious about.

1. I have been told I could be made to pay "Arrears" if I am the biological father. The question I have is how come they never persued this sooner? I have a family of my own now and haveing to pay 17 years of back child support would ruin us.

2. I have never hid, My family and the childs mothers family live in the same community and I am actually active duty military. The point here is if I am told to pay 'arrears" do I have any defense at all?

3. If I find out after all these years I have a child that was keept from me, do I have any right to grievence against the familiy who obviously decided to persue me as the child is about to be an adult?

4. Should I consult an attorney? and if so and I am not the father can I sue the state for the cost of obtaining one?

Thank you very mcuh

Chris


Asked on 1/15/11, 5:26 pm

2 Answers from Attorneys
Phillip M. Cook Cook Legal Services, LLC

1. Doesn't matter why they didn't pursue earlier. Someone was smart enough to tell the mother that it's now or never -- once the child turns 18, he is on his own and Mom will not be able to recover the arrears.

2. You may have some defenses. For instance, if you are not the biological father. Also, if the mother of the child was married (to anyone) at the time time of the birth of the child, you are not legally the father of the child and will not owe the back child support.

3. You will have no right to any recover against the family for hiding the child from you. However, you will have standing to request visitation, custody, etc. In other words, the family can no longer keep the child from you.

4. YES, you should consult an attorney! For a couple thousand dollars now, you may be able to save much more than that in the end. Whether you "win" or "lose", you will not be able to sue the state for the cost of obtaining an attorney or any of your other fees and costs.

Chris, I know this may all seem unfair, but it stems from your decision and your actions with this woman. If in fact the child is yours, you have a duty to take care of it. The fact that the mother hid the child from you until now may be mean, nasty, amoral, despicable conduct, but it's not illegal.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 1/20/11, 6:05 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Get a lawyer. I repeat get a lawyer.

When you choose to have sex with someone, you are completely responsible for the consequences no matter how long someone waits.

I can't add much to what Phillip said except to tell you that you will have a much worse problem if you don't get a lawyer.

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Answered on 1/20/11, 6:28 pm


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