Some help with some legal experience..
 

Kinda a messed up situation but I really need some advice from someone who might have passed through a similar situation. Basically it came out that my father a couple of years back cheated on my mother. Now of course my family life is in shambles but I'm here trying to fight for what we have left.
My father is not a very smart man and because of it for some unknown reason he thought that by ignoring it maybe it would go away. Of course ignoring the state of Texas is never a good idea so now things have gotten worse. By the time I was able to get my dad to fight back it was already too late and very soon they will start garnishing his wages for some insane amount.
Basically the reason that I am here, what I want to ask is, can the state take money from you even if the paternity of the child has never been proven? Even though he does admit to the cheating part, the lady was a prostitute and really it could have been anyone around. If the child is his then he will gladly pay. But for now he will have to pay for a child he is not even sure is his.
Anyone have any advice?

Well, for one... he should get a paternity test. They aren't cheap, but if he's not the father it'll be worth it in the long run. He'll have to get a court order to get the kid's DNA for the testing. Lawyer up.

I would say talk to a lawyer specializing in family law...

Can the state take money from you if the paternity hasn't been proven? wll they are doing it, so i'd say the answer there is yes...


doing some googling on what constitutes paternity in texas -- brought back this definition... and sounds like presumed paternity can be overturned with the result of a negative DNA test.

http://www.weblocator.com/attorney/tx/law/c17.html

It this kid isn't his the paternity test will prove it. End of story. But at this point, it would be better to have a lawyer to present the evidence. And no matter what both the test and council will cost, it can't compare to 18 years of child support!!

If your father is already subject to a garnishment order, which is a post-judgment collection remedy, there must already have been a final adjudication that he is the parent of the child. The judgment stands, unless it can be set aside. In the state where I practise, this would require action (motion to set aside judgment) within a reasonable time after the entry of judgment, not exceeding one year, which shows that there was excusable neglect in failing to respond in the proceeding and that your father also has a meritorious defense. He needs to see an attorney about this as soon as possible. I hope something can be done for him, but it is difficult to have a judgment set aside, in the face of his knowing failure to contest the action.