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Non-parent ordered to pay child support

Wednesday, July 18, 2018

Texas child support guidelines require parents to pay support regardless of whether they have custody or parental access. However, a court in Houston recently ordered a man to pay child support although DNA test results showed that he was not the biological father of his ex-girlfriend's child.

The former girl-friend told a court in 2003 that he was the only possible father of this child who was born 16 years ago. Texas began assessment of child support payments. The support debt is $65,000. The man claimed that he was held responsible for child support, not from parentage, but from deductions from his paychecks in 2003. Along with his attorney, he claimed that there were only three $31.00 deductions when he was employed at a dealership.

Under Texas law, according to his attorney, the man must pay child support accrued before the recent DNA test even if it reveals that he is not the child's father. He said that there is no dispute, even from his former girlfriend, that his client did not father the child.

He also argued, however, that his client was not properly served with legal documents when the paternity case commenced in 2002 or that he was notified of his child support assessments. There were also issues with the state's Attorney General's Office handling of this case, according to this lawyer.

A state court will decide whether the case will be reopened in August. If this ruling is not reversed or altered, this man must make expensive child support payments or face serious legal consequences such as incarceration. The ex-girlfriend's attorney said that child support payment should have been dealt with when support payments were being deducted from the man's pay. Accordingly, there are consequences for not taking appropriate legal action.

A parent seeking or paying child support may face serious consequences or lose rights if they do not comply with procedures or seek court relief. An attorney can help assure that their rights are protected.

Source: Global News, "Texas man ordered to pay $65k in child support for kid that's not even his," By Adam Fisk, July 24, 2017

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