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Can I use res judicia in a child support case?

Bankruptcy and Debt 4 views 3 answers
My ex wife and I met in 97, she was married to another man at the time. She gave birth to a child in 98 I was not at the hospital, not on his birth certificate and she was still married to another man. We married in 2000 then separated in 2005, she never came to me for child support or to claim he was mine or put my name on the birth certificate. In 2012 I filed and paid for divorce filing without child. This was uncontested and she never came forward and said the child was mine. Now he is 16 requesting child support ,arrears and court fees. We did a DNA and he is mine. I don't mind paying support but I don't believe I should be penalized for court,legal fees or arrears because she did not come forward in our divorce and state he was my son?

Attorney Answers

3
A Mullaney ·
I would be very interested to know how the issue of the child was treated in her first divorce (if at all). If it was not mentioned, then he is still the legal father of that child. I don't see how they could make you pay for child support during a time when the child had another legal father. Do yourself a favor and call a lawyer tomorrow morning.
0 upvotes
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
I agree with Mr. Mullaney, this is a complicated matter and will require an attorney to view the documents from both previous dissolution of marriage proceedings. I join him in advising your to seek a legal consultation regarding his right away.
0 upvotes
Betty Jones ·
I agree with both attorneys that this is not a simple issue and the divorce documents and more information needs to be provided to an attorney that you consult in person. Call someone today. Sincerely, B. Elaine Jones, Esq.
0 upvotes

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