My brother is paying for a child that isn't his, what can he do about it?

DougDante · 2015-03-03T13:08:08+00:00

Get a lawyer. Don't trust the child support agency. They have a financial conflict of interest. See the FAQ.

2015-03-03T14:06:10+00:00

Absolutely nothing.

chavelah · 2015-03-03T14:11:16+00:00

If they have been separated in a way that the court acknowledges (i.e., separate mailing addresses, actually going through a divorce and not just talking about it), your brother can absolutely get out of paying child support for the new kid. But he needs a lawyer who is an expert on paternity law in his state. If you want to help your brother, help him pay for a good lawyer.

Karissa36 · 2015-03-03T15:29:37+00:00

Your brother needs a divorce lawyer immediately.

They have two children together which he supports but she won't let him see (she had his parental rights suspended without telling him).

??? This is weird. My best guess here is that neither of them have an attorney and she filed a motion for sole custody in the divorce case without sending him a copy. He needs to file his own motion noting the lack of service and requesting joint custody and parenting time.

My brother said he has contacted child support services and has an appointment to take a paternity test

That should clear up this problem. If not, he will need to file a motion to stop child support for that child.

but is there any legal action he can take against her? What she is doing is wrong and fraudulent

It is generally the law in the U.S. that the husband is the father unless proven otherwise. A wife can leave the birth certificate blank, but she can't unilaterally and without legal action deprive a husband of his parental rights by listing some other guy on the birth certificate, etc. This legal presumption applies when she receives welfare, so that's likely how the child support occurred.

MRSPArchiver · 2015-03-03T06:55:10+00:00

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whelponry · 2015-03-03T15:07:25+00:00

The question is going to come down to whether or not your brother signed the birth certificate. If he did, he's right fucked and has a very long battle with a very low chance of winning.

If he didn't, then that is definitely fraudulent and can be fought in court but will still take a lot of money and time. You can also bet diamonds to dollars that his ex-wife's lawyer will pull every delay tactic and bullshit filing out of their collective asses to break your brother, but he has a much better chance of winning than if he signed the birth certificate.

Good luck no matter what happens. Either way, tell him to hire a lawyer ASAP!

swimfan229 · 2015-03-04T07:36:29+00:00

PM me if you want to take more drastic measures as a last resort. I work in "security".

OctoBerry · 2015-03-03T07:58:12+00:00

Welcome to the red pilled community my friend, he is completely and utterly fucked and this is one of the things we're fighting against.

Get a good lawyer and hope for the best, the system is heavily against him and you will be lucky to get out of the situation you're in even if it's proven it's not his kid. Some places consider you raising a child for any amount of time being more important than DNA, so even if you prove it's not his kid, he may still be responsible for it. Do your research into the local laws and get court records of similar cases in your area, there maybe examples of similar situations you can use in yours.

Title	My brother is paying for a child that isn't his, what can he do about it?
Author	DuchessofYanks
Upvotes	19
Comments	12
Date	March 3, 2015 6:54 AM UTC (11 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/2xri7g/my_brother_is_paying_for_a_child_that_isnt_his/
Archive Link	https://theredarchive.com/r/MensRights/my-brother-is-paying-for-a-child-that-isnt-his.986868 https://theredarchive.com/post/986868

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