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Question about child support.

My SIL has 2 children with different fathers. Her eldest child who is 10 has never met her father. My SIL took the father to court (for the 1st time) to collect child support. She claims it was denied because her daughter has never known him as a father and has looked at the 2nd childs father to be her own dad, and if she wanted to collect, she would have to collect from him. It just doesn't make sense (or even to be legal) to me. The 2nd father is obviously not her dad (different race). My thoughts was that maybe the DNA test proved him not to be the father, and she doesnt want to admit it? Just wondering others thoughts.

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Anonymous

Asked by Anonymous at 5:54 PM on Dec. 26, 2008 in General Parenting

Answers (7)
  • Most likely because it took her 10 years to take him to court for child support. In the 10 years, she obviously never acknowledged him as her daughters father. Though I think the courts are wrong, I do see their point.
    kscmbz

    Answer by kscmbz at 6:00 PM on Dec. 26, 2008

  • I think there's a 50/50 chance she's telling the truth. I know of lots of dads that got saddled with back support for kids they never knew exisited. I know stepdad's that got put on the hook for child support for kids that weren't theirs because they acted as the child's father for so long. All depends on how good the arguements for and against were. If Dad proved his case he may have gotten away with it.
    desert_diva

    Answer by desert_diva at 6:11 PM on Dec. 26, 2008

  • If he never signed the birth certificate and hasn't seen the child in 10 years the courts would tell her to determine paternity and come back with that proof. If she doesn't go after him then it may be that she is unsure of who the father is.
    micrespo

    Answer by micrespo at 7:09 PM on Dec. 26, 2008

  • I've seen on divorce court (I know, not exactly law school, but hey) that a non-biological father was ordered child support on a little girl because he had been responsible for her support the entire time he was married to her mother and she was all he ever knew. I see the point, but it is really awkward.
    kabbot01

    Answer by kabbot01 at 7:35 PM on Dec. 26, 2008

  • my 10yo is not biologicaly my dh son, and after ten years of not caring what happened to the loser that donated DNA, the courts just started sending c/s checks to me, i never took him to court or anything, and i've been married for nine years, so i dont get the courts in your sil case, it makes no sense
    bi-polarmommy

    Answer by bi-polarmommy at 8:27 PM on Dec. 26, 2008

  • Yeah Im guessing the test showed he is not the father. No court would ever order a man to pay child support for a kid thats not his so her step dad would not have to pay.
    Krystle21

    Answer by Krystle21 at 9:59 PM on Dec. 26, 2008

  • Ya IDK I'm kind of thinking what you are thinking.
    dtetz

    Answer by dtetz at 9:30 AM on Dec. 27, 2008

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