jinxygrl

My boyfriends ex wife filed for divorce through Minnesota last year and she also had her and her lawyer sign a letter stating that she waived her rights to past, present, and future support. She lost her job shortly after the divorce, got put on welfare (umemployment) and the state of Minnesota filed a child support suit against me. After she left in September of 2004, she disclosed to me in (5) emails that there is a 50/50 chance that I am not the father. I had my first hearing in March 2007 in Texas, that is where I reside, and they only gave me 30 days to hire a lawyer. I tried to hire 1 from Min. so that I could establish paternity, which took me 3 weeks to find 1. Then when I had my hearing in April 2007, (I was unable to hire a lawyer from Texas because this is a Min. case and no one wants to touch it), so now I have to pay her support starting in May. Would I be better off hiring a lawyer from Texas and get an adjunction, of just getting the test done and taking the test resultsto a court in Texas or Minnesota? What can we do? HELP!!!

Magick

#1 the courts and CSS don't care about wavers of child support. If the state is going to have to put out money they will come after you.#2 get a lawyer in Texas because they should not be able to force you to pay support unless paternity has been verified by a DNA test. If you were married or if your name is on the birth certificate then that may be used to justify and enforce child support.#3 looks like the jurisdiction is in Texas so don't worry quite as much about the other lawyer. Worry primarily where the current jurisdiction is and if they try anything in the other state, notify the courts there that there is current legal action in Texas.#4 use subpeonas to get info the legal way. You may be able to do it yourself just by asking if the courts have papers you can fill out to request the info, but it may only go to the court and not you.#5 Issue summons to your ex for the court in texas. If she fails to show request a long arm summons. That is where the state you are in asks for help from the other state to enforce the summons.#6 If you want the child in your life file for custody. Paternity and child support have little to do with custody and that can be a seperate matter.** Remember that laws vary from state to state. What I posted may not be the same in Texas as in my state. Family law is traditionally in the realm of the state government and the feds rarely oppose that.Opps: I read that somewhat wrong looks like your jurisdiction is in MN. Get the lawyer there. In my state if the child is born after the divorce, within a certain time period, you are still resonsible for the child. I can't remember if it is 180 days or 1 year, so look for something like that in MN law books. Most states alow for dna test but it must be the court approved test and not the cheap home kit.I hope this helps. Good Luck.