If there is a woman saying that her 3 year old is mine but I never knew about it and now her husband wants to adopt the child, will I have to pay child support?

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If there is a woman saying that her 3 year old is mine but I never knew about it and now her husband wants to adopt the child, will I have to pay child support?

Either back or future support. I’m not on the birth certificate.

Asked on December 6, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you had not previously been served with notice of a suit, then generally, "no" you cannot be ordered to pay child support futher back than the date that you actually received notice of the suit.  For example, if you were served two months ago with notice of a suit affecting parent-child relationship, the judge could award back child support for only the last two months.

The exception to this rule is if the child was on some type of government assistance.  The government through the attorney general can intervene and require that your reimburse any agency that provided support for your child. 

If the new husband wants to adopt the child and you agree to terminate your parental rights to the child, the termination of your rights and the subsequent adoption by him ends your support obligation.  This means that you will not have to pay child support after the adoption.  However, depending on how your waiver and the final order are drafted, the child can retain the right to inherit from your estate if/when you become deceased.

The result is the same regardless of whether you are on the birth certificate or not.  What matters is the paternity of the child.  If you are the father of the child, you have rights and responsibilities which can be asserted or waived, as noted above.


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