Friday, August 20, 2010

How can a cheating girlfriend make her ex boyfriend pay child support even though the child isn't his?

I need some help on this matter and I'm asking anyone and everyone. I got caught in the middle of a soap opera and here it goes:





My best friend since high school decided 3 years ago that he never wanted to have children so he go ';snipped';. He met his girlfriend 2 years ago and things seem to go well. They both didn't want to have children so it wasn't a big deal between the 2.





He's a computer tech (something like that. I know he works with computers) and makes an easy 70K a year. He has an apartment and 2 cars all in his name. She is just a tenant at the apartment. She works at a restaurant as a waitress.





She recently admitted that she is 3 months pregnant and had been cheating on him in the last 8 months. He made her pack her stuff and leave. She took one of his cars as well (it was an understanding that she could use one of the cars but it would remain in his name and she is to return it in on a deadline he set).





She's contacted lawyers to try and make him accept that he is the father and she should get 1,000 in child support a month, putting the car she took in her name and making him pay the car payments and she's trying to make him get her an apartment of her own. A court date has been set a month after the baby's expected due date.





Can she legally do this? It is impossible for him to have children so the child is not his so what obligation does he have to her since she commited an infidelity?





If you're a lawyer, your advice is much appreciated. The lawyers around here are saying ';tough luck';How can a cheating girlfriend make her ex boyfriend pay child support even though the child isn't his?
He has to insist on blood tests once the baby is born. If she refuses he should refuse to pay stating that no way he`s the father and she will have to prove he is. He should also produce proof of having had the snip and should stop paying the instalments on the car. If she`s had it put in her name why should he make the instalments on it? He has got to get tough on this leech, otherwise she`s going to take him for everything he`s got and she has no right to anything of his. It sounds like she knows the `other bloke`s` not going to pay so she`s decided to clobber him.How can a cheating girlfriend make her ex boyfriend pay child support even though the child isn't his?
PATERNITY TEST.
Nah she can try all she wants but she's admitted to cheating and he had a vasectomy - he won't be held responsible for a child that he didn't father -





All he needs to do is to request/demand a DNA test
File in court for a DNA test..then take it from there..that is the way to go after the baby is born..
She can try, but the courts will order a DNA test. If they don't, he can demand one. Then the results of the test will resolve everything one way or another.





Also, vasectomies don't always work, so it's not impossible for him to be the father.
A paternity test when the kid is born can easily resolve the issue of your friend not being the sperm donor. I'm not aware of any states that grant property and support to women who weren't married to a guy and don't recognize common-law marriage. I'm not aware she'd have any rights to anything of his...especially if the relationship wasn't many years long.
Dude,


Law does not speak in terms of right, moral, fair, or logical or even Science. The law exists for its own purpose鈥攖o make lawyers rich. Men are currently in jail for back child support - hold on 鈥?for children they could Not have fathered. Men unfortunately born sterile, sit in jail. A woman names them father. Judge hammers his gavel. Science may say impossible! Judge gets paid to hammer men into jail.





Sorry folks. Hard truth. Paternity tests based on DNA are only recognized in two states!
He should challenge paternity now and ask for a paternity test. A DNA test will be conducted upon birth of the child. If it is not his child, he's home free. If it is his child, he will owe approximately 25% of his income in child support until the child reaches the age of majority.





He should report the car stolen to the police if she refuses to return it.





Her infidelity is not an issue in the matter. All that matters is whether or not he is the biological parent of her baby.
A paternity test will be ordered. If he is not the biological father he will not be ordered to pay support. If he is the biological father (maybe he never really got snipped, or in rare instances it can reverse itself or perhaps was done improperly) he will be ordered to pay support regardless of her infidelity. He really has nothing to worry about unless he is the biological father. It sounds like he can afford a lawyer so he should get one to help him with this process.
To begin with, vasectomies CAN revere themselves. My youngest sister is the result of a three year vasectomy. Number two, if he is positive the child can't be his he can demand a DNA test. Even if it is proved that he is the father, it is doubt full she will get $1000 a month unless HE is making over $100,000 a month income. Seems to be an awful lot of bullshit flying around here.

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