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Family Forum / Marriage / Divorce / January 2006



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serious problem

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earthlovers123@gmail.com - 28 Jan 2006 17:19 GMT
I think I am in serious problem .
I dont know what to do at the moment .
My wife had a baby this month . She was not sure , that baby is mine so

she didnot include my name in the BIRTH certificate of the baby .
We are in NY . Since I am not in the birth certificate ,  am I forced
to provide child support in future when we go in seperate ways .

I am also confused about filing tax return for 2006 . Since I am not
sure about the baby is mine but i am legally married to my wife .
Should I file the tax return with wife and child  or
should I file seperately . If I file seperately I might have to pay
taxes alot .
If I file together , will I be automatically father of the child ?
Please help me at the moment of confusion .
thank you
Joy - 28 Jan 2006 17:46 GMT
> I think I am in serious problem .
> I dont know what to do at the moment .
[quoted text clipped - 3 lines]
> We are in NY . Since I am not in the birth certificate ,  am I forced
> to provide child support in future when we go in seperate ways .

Sounds like you aren't sure if it is yours or not.  What if the child is
yours?  If it is, don't you want to be a father to it? Seems to me like you
need to find out once and for all if you are the father - you really can't
make any decisions until then.  Get a paternity test, then you'll know - and
the mother will know. When the child is older, he/she has the right to know,
too.  There is no advantage to keeping it vague.

> I am also confused about filing tax return for 2006 . Since I am not
> sure about the baby is mine but i am legally married to my wife .
> Should I file the tax return with wife and child  or
> should I file seperately . If I file seperately I might have to pay
> taxes alot .
> If I file together , will I be automatically father of the child ?

While I am not a lawyer, and this is not legal advice (which I recommend you
get, promptly), I think that if you are married to the mother you are
legally, presumed to be the father unless you take legal action to rebut
this presumption.  I don't know if there is a time limit on this or not, but
if I were in your shoes I'd be finding this out immediately if not sooner.

A lot of the law is found online - here's one link:
http://www.divorcenet.com/states/new_york/nyart13
> Please help me at the moment of confusion .
> thank you
Nunya Bidness - 28 Jan 2006 17:49 GMT
> I think I am in serious problem .
> I dont know what to do at the moment .
> My wife had a baby this month . She was not sure , that baby is mine so
> she didnot include my name in the BIRTH certificate of the baby .
> We are in NY . Since I am not in the birth certificate ,  am I forced
> to provide child support in future when we go in seperate ways .

Get a lawyer and then call the Maury Show for the DNA tests.  

> I am also confused about filing tax return for 2006 . Since I am not
> sure about the baby is mine but i am legally married to my wife .
> Should I file the tax return with wife and child  or
> should I file seperately . If I file seperately I might have to pay
> taxes alot .

Get an accountant with knowledge of tax law. You have 12 months before
you need worry about 2006 filing.

> If I file together , will I be automatically father of the child ?
> Please help me at the moment of confusion .
> thank you

Sleeping together causes children, not filing tax papers. In the latter
case it's the government that does the screwing.

Signature

------- >
Pull the _PLUG_ to email

My Own Doppelganger - 28 Jan 2006 18:02 GMT
Count your blessings that your wife was honest enough to tell you that
the child may not be yours.  Go get a paternity test immediately.
Start finding a lawyer, just in case.

>I think I am in serious problem .
>I dont know what to do at the moment .
[quoted text clipped - 12 lines]
>Please help me at the moment of confusion .
>thank you

____________________
You do what you do and you pay for your sins
and there's no such thing as what might have been...
that's a waste of time...drive you out of your mind...
Dreamspinner3 - 28 Jan 2006 20:33 GMT
You need a lawyer ASAP and you also need to have a paternity test done
the child to determine whether or not it is yours.  If it is, then you
will have to pay child support no matter what.
-----
Kim/Dreamspinner3
Visit My Homepage: http://members.tripod.com/dreamspinner3/
Kitty - 29 Jan 2006 07:43 GMT
>I think I am in serious problem .
>I dont know what to do at the moment .
[quoted text clipped - 12 lines]
>Please help me at the moment of confusion .
>thank you

Get a paternity test.
Then get an accountant and a lawyer.

If the kid isn't yours and you agree to taking care of it, legally it
may become yours.
Joe St. Lucas - 29 Jan 2006 08:00 GMT
>Get a paternity test.
>Then get an accountant and a lawyer.
>
>If the kid isn't yours and you agree to taking care of it, legally it
>may become yours.

IT?!?!?  This is a human being you're talking about, not an IT...
Kitty - 30 Jan 2006 05:08 GMT
>>Get a paternity test.
>>Then get an accountant and a lawyer.
[quoted text clipped - 3 lines]
>
>IT?!?!?  This is a human being you're talking about, not an IT...

Sorry, I forget... in my native language children and minors, are
referred to as "it". It has a different meaning then in English, it
means a 'minor'. at the same time, cats and dogs and various other
items are supposed to be referred to as he or a she.
For example, a boat is a he, car is a he, shelf is a he, fork is a
she, knife is a he, spoon is a she, fridge is a he, oven is a she
etc... if you catch my drift.
It's really easy for me to get in a hurry and say "it" without the
same meaning it has to you... ...so chill out.
wickedways - 31 Jan 2006 00:33 GMT
 I agree; I would always say it because it's easier than he/she...

 it's not offensive to call a squirrel "it" if you don't know the sex.

 A fetus is always an it, too, IMO.
 > On Sun, 29 Jan 2006 08:00:30 GMT, jstlucas at hotmail dot com
 > @delete.thisstuff (Joe St. Lucas) wrote:
 >
 >>In article <9fsot1d2s7uddma3nnpv9uj05j9gpt8ph8@4ax.com>, Kitty
 >>>Get a paternity test.
 >>>Then get an accountant and a lawyer.
 >>>
 >>>If the kid isn't yours and you agree to taking care of it, legally it
 >>>may become yours.
 >>
 >>
 >>IT?!?!?  This is a human being you're talking about, not an IT...
 >
 > Sorry, I forget... in my native language children and minors, are
 > referred to as "it". It has a different meaning then in English, it
 > means a 'minor'. at the same time, cats and dogs and various other
 > items are supposed to be referred to as he or a she.
 > For example, a boat is a he, car is a he, shelf is a he, fork is a
 > she, knife is a he, spoon is a she, fridge is a he, oven is a she
 > etc... if you catch my drift.
 > It's really easy for me to get in a hurry and say "it" without the
 > same meaning it has to you... ...so chill out.
Kitty - 31 Jan 2006 06:28 GMT
>  I agree; I would always say it because it's easier than he/she...
>
>  it's not offensive to call a squirrel "it" if you don't know the sex.
>
>  A fetus is always an it, too, IMO.

when someone has a baby, don't they say "It's a baby!" ???????
I bet you can even get a hallmark card that says "It's a baby!"
The OP keeps talking about a baby.

Now I'm thinking even more what wild hair got up Joe's bum.
Usually he's not that confrontational or argumentative.
Nearl J Icarus - 31 Jan 2006 10:32 GMT
Conniekat@Kitty.kat says...

>Now I'm thinking even more what wild hair got up Joe's bum.
>Usually he's not that confrontational or argumentative.

Everybody has their sensitive spots. I know I got mine.
shinypenny - 29 Jan 2006 15:32 GMT
> I am also confused about filing tax return for 2006 . Since I am not
> sure about the baby is mine but i am legally married to my wife .
[quoted text clipped - 4 lines]
> Please help me at the moment of confusion .
> thank you

Check with an accountant and a divorce lawyer, but I doubt that filing
the child as your dependent would automatically make you the legal
father of the child. Biological relationship is not a requirement for
dependency: I believe any child or person who lives with you more than
half the year and for which you are responsible for their living
expenses would qualify.

With that said, it's always foolish to make any sort of decision based
on tax consequences alone.

jen
 
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