Legal Question in Family Law in Texas
back child support to be paid when father did not know child existed
Earlier this year my husband received a letter from the Attorney General's office informing him a girl he had a brief relationship with 7 years prior claimed to have had his child. (He was shocked the first he had ever heard of this). We later found out she told another man the child belonged to him. She gave the baby his last name and put him on the birth certificate as the father and married him a couple of weeks after the baby was born. After 4 years of marrage, they decided to get divorced. Her husband requested a paternity test and was ruled out as the father.
My husband took a paternity test just a couple of weeks ago and his is the child's father (99.99%). We have now been informed by her attorney that she is wanting 6 1/2 years back child support for the child, reimbursement of all prenatal and postnatal care, and sole custody.
My question is can we be held responsible for this even though:
1. we did not even know this child existed until a few months ago
2. he has the other man's last name
3. the other man is on the birth certificate
And, what about what she did? She has since told us that alway's knew who the father was.
2 Answers from Attorneys
Re: back child support to be paid when father did not know child existed
Yes, your husband is responsible for his child regardless of what he previously thought, whether or not he knew, or what the mother told him.
He is liable for past support [which can be a negotiated amount less than the full amount] and ongoing child support until the child attains the age of majority.
A short fling can have lasting consequences. I wish you the best.
Re: back child support to be paid when father did not know child existed
Unfortunately for you, your husband is still responsible for the back child support as well as potentially prenatal and postnatal health care expenses. As the other response indicated, this can be negotiated down.
Another issues is custody and conservatorship of the child. Your husband is going to have to build a relationship with this child and seek visitation rights.
This is unfortunate situation for all concerned. Hope you are able to work this out. If you need further assistance, give me a call.
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