Legal Question in Military Law in Texas

Military and Child Support
I'm in the military and while I was on deployment my daughter was born. The mother did not put me on the birthcertificate or give my daughter my last name. Still since my daughter is been born I've sent her about 1,200 dollars monthly. I asked the mother for the birthcertificate so my daughter can have the benifits of being a dependent but she refused to. My commanding officer advised that I should send her the amount according to my pay grade which is 200 dollars a month. The mother got mad and refused to let me see her. So I stopped sending her money and I gave up my rights as the father. Will I be held accountable for not showing up to a court date she makes if I'm currently in Japan? Will I still have to pay child support if I gave up my rights and there is nothing stating she is my daughter unless a DNA test is taken?

Asked on 6/02/09, 7:07 pm

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

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Re: Military and Child Support

The soldiers and sailors civil relief act prevents you from being called to court; I wouldn't worry about that too much. If she did not list you as the father, the real worry would be from the State of Texas if she applies for government benefits. But I think that can wait until you return home. If you get any kind of official-looking notice or letter take it to JAG immediately for advice. They can't represent you, but they can tell you what to expect.

You probably need a legal opinion from a lawyer familiar with the family law in Texas; I am a Missouri lawyer and don't know the ins and outs. But you should probably talk to one as soon as you can.

Good luck.

Answered on 6/03/09, 9:37 am

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