Legal Question in Family Law in Texas
Paternity test
My wife had an affair, when we were married. She got pregnant with my 5 year son, who i thought was or is mine. We are sepparted now and i have to pay childsupport. I know the person who could be the father of the 5 year boy, the sopossed to be father came foward. She kept it hidden from me until now-lied!. I want to know if he is mine! Mom lives in texas and she says i can't do anything because i'm on the birth certificate. For me to pay childsupport.
3 Answers from Attorneys
Re: Paternity test
You did not say in which state you obtained the divorce decree. As you can tell from the answers by the other attorneys it makes a difference. If you were divorced in NM and your ex then moved to TX you should consult with a NM attorney about your issue. However, if you were divorced in TX as one of the other attorneys it makes a difference as to how long it has been since your divorce. There are a lot of variables an attorney will discuss with you including the issues already raised by the other attorneys who have answered your query.
You should make an appointment with an attorney in the state (and the county) where your divorce was granted. Bring your divorce papers with you to that appointment.
Good luck.
Re: Paternity test
I think there is already a fnding from the court that you are the father. If it's within 4 years of the order, you could file a bill of review alleging new facts, i.e. the father told you the truth and you need a DNA test to determine if the right party is paying child support. I doubt if you would get any money back. But, you might obtain an injunction to prevent her from receiving your money and perhaps you could pay it into the registry of the court so you could get the money back when the new order is issued. Kinda complicated. Better get a good lawyer.
Re: Paternity test
Are you seeing the child? What is more important to you -- an innocent child who thinks you are his daddy or the money? And why would you listen to your ex when you know she lies to you? It may be too late to change things but go talk to a good family law attorney for the state where the Order was issued and see what your options are.