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Legal Advice HELP!

 
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qheenkitty View Drop Down
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    Posted: Jan 17 2013 at 6:02pm
My brother just called me crying his eyes out. I hate to hear a grown man cry. Back in 2008 my brother met this chick. Two months later shes preggo n no biggie on his part. He stepped up n took care of her. She did not work during pregnancy, he effed up his credit buying all kinda crap for the baby. They break up, chick was psycho they were arguing about stupid stuff like why he should not put the kid on his insurance and stuff. She put him on child support again no biggie on his part, he was doing that and then sum. Well fast forward to 2009 she tells him the kid isn't his. He did not believe her so he got a dna test done himself. It was tooth and nail getting her to the dna clinic but after 6 months she finally took her down and the lil girl wasn not his kid. This experience broke him n he has not been in a relationship since then. Now why my bro didn't seek legal help right then IDK I'm guessing she said she would handle this on her own to save herself from embarassment. Well its 2013 and my brother is still paying child support. Hes sought legal advice from an attorney and they want him to pay $1700 for whatever it is they gone do. For years my whole fam has tried to get her to go the the dna clinic for another dna test. The other clinic only held records for a year so its back to point a. She won't go and take the lil girl for a dna test. I've called, I've been nice, I've been threatening, nasty. Even my mom and two sisters have done the same thing but she still won't go. Is there anything we can do. He can't pay the $1500 because of the garnishments. Bro is making barely $150 every week after child support. He is in school too so its killing him. Him crying like that is hurting my heart. Please help us.
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Gia2009 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gia2009 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 17 2013 at 6:48pm
I'm not sure, but if he signed the birth certificate, whether or not he is the father, the court will still hold him responsible for child support. The laws may be different where you live, but that is what I've read. Do you know if he signed it or not? If not, have him write the judge and contact the child support office and let them know he needs to get back in court to get this remedied!
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Gia2009 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gia2009 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 17 2013 at 6:50pm
Did he get any copies from the dna test? 
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Sinnamon_Mami View Drop Down
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Post Options Post Options   Thanks (1) Thanks(1)   Quote Sinnamon_Mami Quote  Post ReplyReply Direct Link To This Post Posted: Jan 17 2013 at 6:55pm
Can't he petition the court to get another DNA test? In my state, if you don't show up for court, you get a bench warrant.
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kkscottdale View Drop Down
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Post Options Post Options   Thanks (2) Thanks(2)   Quote kkscottdale Quote  Post ReplyReply Direct Link To This Post Posted: Jan 17 2013 at 6:57pm
Now, that's a trifling ass bish.

But there may be more sides to this story.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kkscottdale Quote  Post ReplyReply Direct Link To This Post Posted: Jan 17 2013 at 6:58pm
Does he have any emotional connection with the child? I can't imagine taking care of a child for a year, learning the child isn't mine, and then deciding not to have any part in the child's life.

It would hurt the child more to not have that child support or emotional connection with her "father".
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maysay1 View Drop Down
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Post Options Post Options   Thanks (1) Thanks(1)   Quote maysay1 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 17 2013 at 7:15pm
He can just take her during his next visit. Now if he has no visitation, then he needs to go back to family court and ask the judge to order visitation and a dna test. If he signed the birth certificate his only recourse after getting the results may be civil court (he'd have to sue her for the money).

In the meantime, don't pay that firm anything. Whatever it is they're charging for, he can do himself.
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Post Options Post Options   Thanks (7) Thanks(7)   Quote maysay1 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 17 2013 at 7:17pm
ANd I don't know anyone who would pay child support for 4 years (from 2009-2013) for a child who isn't theirs.

Something about this story ain't right and he may not be telling you everything.
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Limalady View Drop Down
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Post Options Post Options   Thanks (1) Thanks(1)   Quote Limalady Quote  Post ReplyReply Direct Link To This Post Posted: Jan 17 2013 at 7:38pm
He needs to find a domestic relations/family law attorney. The attorney can file a case on his behalf to petition the court for another DNA test. He doesn't seem pressed about it if he hasn't consulted a family law attorney. Is it a financial issue? There are places that provide free legal services, like legal aide and the civil clinic at most law schools. If he wants something done, he should get an attorney.
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qheenkitty View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote qheenkitty Quote  Post ReplyReply Direct Link To This Post Posted: Jan 18 2013 at 12:31am
Thanks for your input. Yes he did sign the birth certificate. Ironic that when my mom saw the baby at the hospital she said that's not you. But he had no reason to believe that the baby was not his kid so he signed it. She was pregnant when they got together or so she said. The baby was born early so no one really questioned. It was one of those things where everyone was happy it was my first niece my moms first gran baby and my bros first child so no one was adding up dates and all that. Just excited that a little one would be part of our small close fam.
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