Am I bound by law to pay child support even if I sign the birth certificate not knowing they were not mine?
Full Question:
Just recently had a DNA test found out that the children are not mine there ages is 10 and 7. Am I bound by law to pay child support even doe I sign the birth certificate not knowing they were not mine. I married there mother after they were born, I am filing for a divorce and this was the out come.
08/20/2007 |
Category: Paternity ยป Acknowledgment |
State: Texas |
#8081
Answer:
Once it is established through the court that you are not the father, you no longer have a duty to support the children. The following are TX statutes:
§ 160.308. Challenge After Expiration of Period for Rescission
(a) After the period for rescission under Section 160.307 has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only on the basis of fraud, duress, or material mistake of fact. The proceeding must be commenced before the fourth anniversary of the date the acknowledgment or denial is filed with the bureau of vital statistics.
(b) A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.
(c) Notwithstanding any other provision of this chapter, a collateral attack on an acknowledgment of paternity signed under this chapter may not be maintained after the fourth anniversary of the date the acknowledgment of paternity is filed with the bureau of vital statistics.
(d) For purposes of Subsection (a), evidence that, based on genetic testing, the man who is the signatory of an acknowledgement of paternity is not rebuttably identified as the father of a child in accordance with Section 160.505 constitutes a material mistake of fact.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001.
§ 160.309. Procedure for Rescission or Challenge
(a) Each signatory to an acknowledgment of paternity and any related denial of paternity must be made a party to a proceeding to rescind or challenge the acknowledgment or denial of paternity.
(b) For purposes of the rescission of or a challenge to an acknowledgment of paternity or denial of paternity, a signatory submits to the personal jurisdiction of this state by signing the acknowledgment or denial. The jurisdiction is effective on the filing of the document with the bureau of vital statistics.
(c) Except for good cause shown, while a proceeding is pending to rescind or challenge an acknowledgment of paternity or a denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.
(d) A proceeding to rescind or to challenge an acknowledgment of paternity or a denial of paternity shall be conducted in the same manner as a proceeding to adjudicate parentage under Subchapter G.
(e) At the conclusion of a proceeding to rescind or challenge an acknowledgment of paternity or a denial of paternity, the court shall order the bureau of vital statistics to amend the birth record of the child, if appropriate.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001.
