What if you have documentation proving you were sterilized long before the conception of the child?
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Originally posted by svo855 View PostIn TX it is already settled case law. The father has to pay support even if the kids are not his.
SB785 has been referred to as the law that addresses "Paternity Fraud", where typically a man was pressured into admitting he was father of a child but without genetic testing when in fact he is not the father. Prior law barred such a man who was found (or adjudicated) to be the father from ever again challenging his paternity, or his duty to pay child support, even if the mother of the child flaunted the fact that the man was not the father of the child.
"Before this law became effective in May, 2011, a man who demonstrably was not the father of a child could not legally be excused from his obligation to pay child support for that child that, in fact, was not his child," said Ken Raggio, a Dallas attorney who testified for SB785 before the Senate Judiciary Committee on behalf of the Texas Family Law Foundation on March 8th. "Once the 'non-paternity' of the 'previous father' has been determined, the new law allows the mother to pursue the 'real' father of the child, and the law is sensitive to any relationship that the newly-adjudicated 'non-father' has with the child."
Technically, SB 785 amends the Texas Family Code Sections 154.006 and 161.005.
Senate Bill 785 was sponsored by Senator Chris Harris from Arlington, and was a bill endorsed by the Family Law Section of the State Bar of Texas and by the Texas Family Law Foundation.
The text of SB 785 is here.
The remarks of Ken Raggio to the Senate Judiciary Committee are here that explain more about the working of SB785
Senate Bill 785 recognizes that technological changes required a serious reconsideration of public policy in paternity situations.
The new law provides a limited remedy for a man whose paternity regarding a child has been previously established, but who later discovers a reason to doubt the truth of his paternity, to raise a challenge in court. A man in that situation will have one-year after he discovers the doubts as to paternity to file the challenge in the court that determined the paternity. After filing his challenge, he can request DNA testing be conducted. If the DNA test results exclude him as the father, the court must terminate his rights to the child as well as any obligation to pay child support. The law does not allow the man to challenge the payment of child support while he thought he was the father -- what's done is done, according to the new law.Originally posted by SSMAN...Welcome to the land of "Fuck it". No body cares, and if they do, no body cares.
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Originally posted by Gear_Jammer View PostThe new law effectively terminates child support payments and requires the state to pay back any support already paid at the time of the petition. It is possible, then, that those women who have been fraudulently extorting monies from those targeted by their scams, will become liable to the state for restitution of the money they have illicitly collected.Originally posted by Sean88gtYou can take white off the list. White on anything is the best, including vehicles, women, and the Presidency.Originally posted by Baron Von CrowderYou can not imagine how difficult it is to hold a half gallon of moo juice and polish the one-eyed gopher when your doin' seventy-five in an eighteen-wheeler.
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Originally posted by stevo View PostOr, you have Sancho's daughter and pay more than a child costs per month and hate the idea of knowing that there isn't a damn thing you can do to stop it, so you rather not know...
StevoWanna see my care face???
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Originally posted by A_A_G View PostYou didnt answer my question. And a law would prevent the drama/stress/violence that may occur after finding out such a thing.
And no I dont have kids, but if I did I'd make damn sure he/she is mine immediately after birth.Wanna see my care face???
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Originally posted by STANGGT40 View Posti can see that you would have financial responsibility for a kid that's not yours, if you adopted the kid...but if you didn't, then you shouldn't.
ie; if a guy marries a woman with a child; if they get a divorce (and he hasn't adopted the kid), then he shouldn't owe child support.Last edited by Treasure Chest; 01-13-2012, 06:11 PM.
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Originally posted by Blakeski View PostNo not really, my daughter is exactly like me in every single way possible, tall, athletic, and good looks...not to brag or anything. And yes I do hate the fact that I am spending money knowing that the ex is spending it on her stuff.
My daughter looks so much like me when I was her age that it is staggering, but it doesn't conclude that she is genetically mine. Since you are happy with your situation (minus the amount paid) this law wouldn't effect you, but it will help men who are targets of scandalous women out to profit from their infidelity.
StevoOriginally posted by SSMAN...Welcome to the land of "Fuck it". No body cares, and if they do, no body cares.
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Originally posted by stevo View PostDo you think that you are the only person around that is tall, athletic, and good looking?
My daughter looks so much like me when I was her age that it is staggering, but it doesn't conclude that she is genetically mine. Since you are happy with your situation (minus the amount paid) this law wouldn't effect you, but it will help men who are targets of scandalous women out to profit from their infidelity.
StevoWanna see my care face???
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Originally posted by Blakeski View PostStill no need for a law, the man has every right to ask for a paternity test at birth. Why make a law that serves no real purpose?
September 16, 2011
Texas legislates against paternity fraud
AUSTIN, Texas (AVfM) Legislators have changed a law that prevented victims of paternity fraud from challenging child support obligations. The landmark legislation took six years and three congressional sessions to complete.
According to the old Texas law, a man is legally a father if any child is born during his marriage, regardless of whether he is or isn’t the biological father. This resulted in many men paying child support after a divorce for children that were a product of their wife’s infidelity.
No genetic test was required to establish paternity. If fact, paternity tests proving no biological connection between the legal father and the child were considered irrelevant to the issue of child support.
Under the old Texas law, he was forced to support that child financially, and had no course of action to terminate the parent-child relationship even though he was a proven victim of paternity fraud.
The new law changes all this. It allows men to use the results of a genetic test to prove they are not fathers, and to petition Texas courts to terminate the parent-child relationship and child support. Courts will now be mandated to terminate child support orders and end legal sanctions against the victims of paternity fraud.
The law includes a grace period until September of 2012 for men who were victims of paternity fraud to make their cases before the court. Men who discover they are victims of paternity fraud after September 1, 2012 will have one year from the time of discovery to petition the courts.
The new law effectively terminates child support payments and requires the state to pay back any support already paid at the time of the petition. It is possible, then, that those women who have been fraudulently extorting monies from those targeted by their scams, will become liable to the state for restitution of the money they have illicitly collected.
http://www.avoiceformen.com/mens-rig...ternity-fraud/Originally posted by SSMAN...Welcome to the land of "Fuck it". No body cares, and if they do, no body cares.
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Originally posted by Blakeski View PostWell once you have a child of your own and you maybe possibly have a woman that you trust, you will see things different. I didn't have to questions myself on if my daughter was mine or not.
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Originally posted by clevelandkid View PostPaternity tests should be required by law, and conducted as soon as possible.
Originally posted by Broncojohnny View PostIf the child support system was anything but a scam designed to rip men off, this would be standard procedure before one dollar changed hands.
Originally posted by stevo View PostBecause (already posted, #37):
Stevo
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Originally posted by A_A_G View PostBeen there done that (minus the kid). I know after my fair share and being engaged you cant trust women 100%. And every woman that I was in a relationship threw a bitch fit when I told them a paternity test would be mandatory. Make it law, less BS to deal with in the long run for the man, woman and most important, the child.I wear a Fez. Fez-es are cool
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Originally posted by Forever_frost View PostI had a girl that swore I was baby daddy until I told her that the VA requires a paternity test before they are allowed to be declared dependents. She changed her mind and had a 'miscarriage' a few days later
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