Some help with some legal experience.. - Tilted Forum Project Discussion Community

sub zero · 12-20-2005, 10:33 AM

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?

JustJess · 12-20-2005, 10:42 AM

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.

maleficent · 12-20-2005, 10:43 AM

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

Quote:

Under Texas parentage law, a man is presumed the father of a child if:

He and the child's mother were married to each other at the time the child was born or the child was born within 300 days after the marriage was terminated

He and the child's mother attempted to marry before the child was born, but the marriage was void or voidable, and the child was born during the attempted marriage or within 300 days after the attempted marriage terminated

He and the child's mother married or attempted to marry after the child was born and: (1) he filed a written acknowledgment of paternity, (2) he was named on the birth certificate with his consent, or (3) he became obligated to support the child by court order or his written promise

While the child was a minor, he openly held out the child as his natural child and received the child into his home

He consented to being named as the father on the child's birth certificate
Some of these presumptions may be overturned by an action to declare the existence or nonexistence of the father and child relationship. A suit to contest the presumption that a man is the father of a child must be filed while the child is a minor

thingstodo · 12-24-2005, 01:25 PM

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!!

loganmule · 12-30-2005, 05:10 PM

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.

12-20-2005, 10:33 AM	#1 (permalink)
sub zero Addict Location: The one state that doesn't have black outs: TEXAS BABY!!!	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? __________________ Did you Google it yet? Join the TFP Typing team!!

12-20-2005, 10:42 AM	#2 (permalink)
JustJess Unencapsulated Location: Kittyville	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. __________________ My heart knows me better than I know myself, so I'm gonna let it do all the talkin'.

12-24-2005, 01:25 PM	#4 (permalink)
thingstodo A Storm Is Coming Location: The Great White North	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 you're wringing your hands you can't roll up your shirt sleeves. Stangers have the best candy.

12-30-2005, 05:10 PM	#5 (permalink)
loganmule Junkie Location: midwest	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.