Legal Question in Family Law in Texas
paternity suit after 6 years
I am being sued for paternity on a six year old child. I had a one night stand with the mother, we never talked after that but a year later she called and told me there was a baby and it was mine, but it was her fault (the birth control lie), she didn't want to ruin my life, didn't want anything from me and we should both just go on our way. Six years later I am being sued. If I test positive - Am I liable for arrears after all this time?
2 Answers from Attorneys
Nasty Child Support Suprise
YES.
I wish I could tell you something more encouraging.The issue is not the mother and her lies, its the child and the life you created.The best thingyou can do is get your moneys worth out and make her life miserable with visitation demands, vacations and requests for information.Perhaps she will eventually let you terminate when some other sucker walks into her life and wants to adopt.
Retroactive Child Support
I disagree with Mr. Sergi. The Family Code says the court "may" order support retroactive to the birth of the child. Further, I disagree that you should "get your money's worth" by generally being a jerk if you wind up having to pay child support. I suggest that you devote your energy to determining whether you are the father, and if you are, to factors bearing on whether you should be required to pay retroactive support. One further point that could be important - is the mother suing you, or is it the Attorney General's office?
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