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re: Co- worker has been paying child support for five years,just found out the baby isn’t his

Posted on 1/25/19 at 12:55 pm to
Posted by OceanMan
Member since Mar 2010
22637 posts
Posted on 1/25/19 at 12:55 pm to
quote:

Not sure if it's different in other states, but if an unmarried woman has a baby in Texas, the father will be presented with one of these in each instance.


And the “father” should assume he is not
Posted by Salviati
Member since Apr 2006
7053 posts
Posted on 1/25/19 at 12:55 pm to
I'm not his attorney, but if he were my co-worker, I would tell him to do at least three things, and do them quickly because time is of the essence:

First, he should talk to an attorney ASAP.

Second, he should read RS 9:406

Third, he should strongly consider filing a petition to annul the acknowledgment and institute annulment proceeding by ordinary process in a court of competent jurisdiction upon notice to the other party who executed the notarial act of acknowledgment and other necessary parties including the office of children and family services, child support enforcement section of the Department of Children and Family Services.

DISCLAIMER: The materials in this post are for informational purposes only and are not legal advice. Use of this post does not create an attorney-client relationship between you and this poster. You should not act upon the information in this post without seeking advice from a lawyer licensed in your own state or country. Please note that you should not send any confidential information pertaining to potential legal services to this poster until you have received written agreement from this poster to perform the legal services you requested. Unless you have received such written confirmation, this poster will not consider any correspondence you send to this poster as confidential.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 1/25/19 at 12:59 pm to
I think the issue is with the changes to 9:406. A 2 year prescriptive period was added and became effective on August 15, 2008.

It appears to have somewhat recently changed again. The 2 year language is gone.

Guess who can answer which law existed, and whether any changes are retroactive, when homeboy executed the authentic act? HIS FUTURE ATTORNEY.

Guess who cant? THE OT.
Posted by cyarrr
Prairieville
Member since Jun 2017
3956 posts
Posted on 1/25/19 at 1:02 pm to
quote:

Now go frick yourself.



Really, you're going to revert to name calling? Say's a lot about who you are I guess.

Maybe I'm wrong on this one, if so, I stand corrected. I'll pull the case to see what the core issues were and what assignments of error were alleged. Without reviewing the appeal I can't really argue against you. However, as you know or should know, the courts always consider what is in the best interest of the child and their rulings generally reflect this. Are you saying the courts will always side with the plaintiff regardless of the circumstances?
Posted by 777Tiger
Member since Mar 2011
88185 posts
Posted on 1/25/19 at 1:03 pm to
quote:

yourself.

you're not yourself?
Posted by rocket31
Member since Jan 2008
41887 posts
Posted on 1/25/19 at 1:04 pm to
quote:

he had signed an admission of paternity


Posted by BowDownToLSU
Livingston louisiana
Member since Feb 2010
21104 posts
Posted on 1/25/19 at 1:10 pm to
quote:

On my behalf and that of the OT, I kindly decline the suggestion and reassert the request for a self-assessment.
my friend (co-worker)is black and she was his fiancé at one time( she’s black also) imagine a skinny Whoopi Goldberg if that helps
Posted by rich4pres
Knoxville
Member since Dec 2016
10997 posts
Posted on 1/25/19 at 1:13 pm to
I know a guy who married a woman and adopted her child. A few years later she left him for the childs father. Now he pays child support for the child.
Posted by MintBerry Crunch
Member since Nov 2010
5783 posts
Posted on 1/25/19 at 1:42 pm to
No, the law recently changed. He has one year from knowledge of paternity.
Posted by Henry Jones Jr
Member since Jun 2011
75542 posts
Posted on 1/25/19 at 1:45 pm to
I have always said that anyone who is signing a birth certificate should be required to get a paternity test before being allowed to sign. It would cut down on a lot of this shite and cut down on the "what? You don't fricking believe me?" Drama that comes with it
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 1/25/19 at 1:46 pm to
quote:

He has one year from knowledge of paternity.


Do you have a cite for this?

For a revocation of a formal acknowledgment?
Posted by Salviati
Member since Apr 2006
7053 posts
Posted on 1/25/19 at 1:48 pm to
quote:

No, the law recently changed. He has one year from knowledge of paternity.
:shake my head:

Go to the back of the class with cyarrr.
Posted by Salviati
Member since Apr 2006
7053 posts
Posted on 1/25/19 at 1:59 pm to
quote:

Do you have a cite for this?

For a revocation of a formal acknowledgment?
He is thinking of the 2016 revision to the paternity disavowal by a husband:
quote:

The action for disavowal of paternity is subject to a liberative prescription of one year. This prescription commences to run from the day of the birth of the child, or the day the husband knew or should have known that he may not be the biological father of the child, whichever occurs later.
Art. 189. Time limit for disavowal by the husband

RS 9:406 was revised in 2016 to remove the 2-year prescriptive period for revocation of an authentic act of acknowledgment.
This post was edited on 1/25/19 at 2:00 pm
Posted by cyarrr
Prairieville
Member since Jun 2017
3956 posts
Posted on 1/25/19 at 2:00 pm to
quote:

Go to the back of the class with cyarrr.


So your not going to answer my question? Just another insult and you say I'm a pompous bitch.
Posted by vodkacop
Louisiana
Member since Nov 2008
8030 posts
Posted on 1/25/19 at 2:17 pm to
Yes. Reasons i heard from different court cases is that why should the child go without just because the mom is lacking in morals. Its not the childs fault so why punish the child. Also it will keep a child from being impoverished or it keeps the child off welfare. Besides man 5 years? Dude come on. That IS his child in everything but bloood. Thats why all you men out there need to get that test before you even sign that birth certificate and take them home from the hospital. I think statistics are 3 out of 10 men aint the father of the child they thought was theirs. Personally, to protect the men, i think it should be law requiring some sort of paternity test before you leave the hospital to make sure it is your child.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 1/25/19 at 2:22 pm to
That's what I assumed. That's why I wanted a cite.

This will be my shitter reading material later, but what are the courts doing since they removed the language that stated that the revocation prescribed in 2 years? Does the action not prescribe now if it was induced by fraud, duress, or whatever else is listed?

I didn't see any cases that went up the ladder since 9:406 changed in 2016ish(?) to remove the 2 year language.
Posted by boxcarbarney
Above all things, be a man
Member since Jul 2007
25563 posts
Posted on 1/25/19 at 2:45 pm to
My aunt was a crack whore, and one day my uncle came home to find her fricking her black drug dealer.

Nine months later she gave birth to a baby boy with dark skin and kinky hair. "Oh you know Joe and his Greek blood," she would tell everyone. "Those Greeks and their dark skin..."

Joe was white as hell. That baby wasn't half Greek, he was half African. Joe still raised the boy as his own; even named the kid Joe Jr. Deep down, somewhere in a place he doesn't like to talk about, he knew that kid wasn't his. Everyone knew.

This doesn't have much to do with the OP, I just like telling stories about my trashy family.
Posted by Salviati
Member since Apr 2006
7053 posts
Posted on 1/25/19 at 2:46 pm to
quote:

So your not going to answer my question? Just another insult and you say I'm a pompous bitch.
I didn't call you a moron, but I'm willing to consider it.


Originally, you post that there is NOTHING the co-worker can did about it, and no attorney can help him:
quote:

Doesn't matter, no attorney can help at this point, the court will determine what's in the best interest of the child. Unless the biological father agrees to step in, he's stuck like Chuck.
Moronic Post #1


Then, you ask me to find ONE case where support has been paid for five years, and the court revoked an authentic act of acknowledgment of paternity because you say . . . "there are none":
quote:

Show me a case where support has been paid for five years and the court allowed this to happen. You can't, because there are none. Thank God you added that disclaimer because to even suggest this would be misleading advice. La. C.C. art. 198, an action to establish paternity of a child presumed to be the child of another man shall be instituted within one year from the date of birth of the child.
Moronic Post #2

So I did:
quote:

Bruce v. Bruce, 2012-1748 (La. App. 1 Cir. 8/9/13), 136 So. 3d 796, 797.
Response to Moronic Post #2


Now, you've crawfished into asking whether something you said can't happen "no attorney can help" might not happen under all circumstances:
quote:

Are you saying the courts will always side with the plaintiff regardless of the circumstances?
Moronic Post #3

Dude, go frick yourself.
Posted by Hamma1122
Member since Sep 2016
21785 posts
Posted on 1/25/19 at 3:03 pm to
Bad situation all around
Posted by cyarrr
Prairieville
Member since Jun 2017
3956 posts
Posted on 1/25/19 at 3:07 pm to
Bless your heart, you truely have a high opinion of yourself.

Still didn't answer my question but instead reverted to another insult. Want to meet me at Sonic LOL?
This post was edited on 1/25/19 at 3:08 pm
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