Jason Weintraub
Child Support

Houston Man Forced To Pay Child Support Even After DNA Test Shows It's Not His Child

 

A new state law says men no longer have to make child support payments if they discover the child is not theirs, but a Houston man says he still has to pay.

Ray Thomas is saying he is frustrated because he owes more than $50,000, even though he is not the child’s father.

“They’ve been taking money out of my income tax — taking my money and I haven’t been able to pay my bills,” Thomas said.

Thomas claims he’s a victim of mistaken paternity.

He said, in 1986 a woman he was dating had a baby and told Thomas it was his, which Thomas believed until the child started growing red hair.

Thomas said he went to court numerous times trying to clear things up, but said the judge wouldn’t hear it.

Cheryl Alsandor, a family law attorney said,

“On one hand, a DNA can clear a defendant of a crime years later, but it didn’t seem to be fair that it couldn’t clear a man of paternity.”

However, this year, the Texas Legislature unanimously voted to change the law. It is already on the books. DNA proof can reverse parental rights.

“And now with the passing of this law, a man who is not the father can now sort of be free of that title and the proper man can be put into place to establish that relationship.”

But we learned the new legislation will not help Thomas because his case is old and the courts are looking not backward, but forward.

And the attorney general’s office confirmed for us that Thomas still must pay $52,000 in back child support, $13,000 of that is interest.

Thomas took the DNA results to court but the judge wouldn’t accept it, he said.

“I don’t understand the judge can just give you a baby that ain’t yours and don’t try to try you, and I don’t understand it.”

Comment Comments: 25 Tags Tags: child support
  • fdhds

    “Mocha & Milk” is a perfect matc h like “black & white” people

    —- Black’ White ‘Fli rt ” C óM —- :P :P

    The most s uccessful interracial da t ing c lub. If you are still waiting for your sweet “milk” or “mocha”, don’t hesitate to check it !! Don’t let your babie s wait too lon g for you !!

  • If a rapper had a brain / dumb azz pop stars

    If that was was me I would leave the state and the country.

  • avita

    if his payments were up to date he wouldnt still owe! they’re not going to stop taking the back child support dummy! my uncle is paying child support for my 30 year old cousin!!! know why? because he didnt pay the Shyte when he was suppose to. the gov’t i gonna get their money.

    • buggin_out

      @ avita

      what part of the fact that the baby is not his do you not understand? why does it matter if his payments are up to date if the baby isn’t his in the first place?

    • Giddy

      You’re the DUMMY: IT’S NOT HIS KID SO WHY SHOULD HE PAY A DIME IN CHILD SUPPORT? Do you read beofre you post?

    • Rob Base

      Yo dumb A$$, the government doesnt get the money. In addition, it aint his kid. What kinda F….in justice is that? Another example of the system stickin it to it citzens.

  • Moanmyname

    This is bull$#!+ and I’m a woman saying this. Tell that skank to find the real dad and let him pay for it. exactly I would leave and move to argentina and say to hell with this

  • Butta

    Damm.. . Poor dude. That bird is laughing all the way to the bank.

  • tiny

    he must have signed the birth certificate

  • Nat

    He should sue the woman how claimed the baby was his in a civil lawsuit–case closed!

  • http://www.twitter.com/biscuitmd denne

    maybe he can sue the real father for the money in civil court. maybe not the interest accrued but at least the original sum.

  • birdswife

    I think he signed the birth certificate as well, which makes him the legal father regardless of DNA and accountable for the payments, but I damn good lawyer can easily get him out of this, it will cost him money, but save him the $52,000!

  • Missy

    That is wrong. But everybody gets theirs eventually. She will have to owe something big time down the road. This wrong because if he has other kids that money is being taken away from them to support a child that is not his and has proven to not be his. She needs to be paying him back. I am a woman and I do not like to see other women who do crap like that. Be a real woman and do what’s right.

  • outlaw

    NICKI MINAJ SEX TAPE LEAKED!! http://www.loot5.com

  • Michelle

    The problem that lies within the case is that the child has at some point recognized the child as being his.. the paternal bond is stronger than DNA which is why so many men were being squeezed out.. According to my Texas child support it ends when she reaches the majority age of 21 not 18.. perhaps judges are interpreting the law however they choose.. but DNA alone has not been a discerning factor.. and he should have NEVER waited that long which was his first mistake.. and if he signed the birth certificate which is a legal binding document acknowledging he is in fact the problem.. that would also be a major factor.. bc he would need to have his name removed and send the case to a higher court.. so there are several factors that were incomplete.. is it so obtuse to see on man take care of anothers child.. that has been transpiring since the beginning of time.. not to mention if mom is married and has an affair the child will still legal hold the name of the husband and he is added to the birth certificate.. so there a numerous flaws that go into play when looking at the perspective of child support its NEVER cut and dry…

  • Michelle

    my bad I mean the Houston man recognized the child as his.. and that holds legal precedence as well…

  • Herb

    Another example of men having no rights and all of the responsiblitity.

  • Elaine

    How sad, you’ve been taking care of a child that is not yours once the DNA came back stating you are not the father; now if you love the child and attacthe so don’t complain; and if you do not want to accept the child and the states keeps taking money out of your check; you need a “LAWYER” to make the state or mother pay back..It’s so sad the state takes money from the no fathers and giving to other children that are not even theres…What A mess up system we have…

  • Tracy Cousins

    I would sue the real dad, and sue the real mom too for pain and suffering and slander, I’d get all them hoes, this is wrong, if the baby not his he should be release of all debt current and old, and be given back his money, but we know the TX att. gen. got real crooks in they offices, and they be taking more of that money than giving it to the kids, and if your payments are low, believe me the dad know someone on the inside of that office, lord help this poor man, that’s why men need to strap up and know that just cause you like this woman don’t mean she really is a good person…you lying up with dogs real talk

  • artdude01

    If the women who tricked people had to pay back support to the government for whatever assistance she received, this crap would probably stop. But as long as you make men pay, who are completely not in fault – this will continue.

  • Mike Greene

    Been in a similar situation. Thought I had a daughter for 11 years. Found out that she wasn’t mine. won’t go into the details but what hurt worse was the fact that I lost my daughter, not the money I spent on child support. Had MY daughter accepted me as her father instead of telling me she knew I wasn’t, coached by her mother, I would have continued raising her as mine. I feel sorry for the brother to be so behind but it seems to me that if he the boy as his son, then that is what is important. Anyone can father a child, takes a man to raise one.

  • Mike Greene

    Been in a similar situation. Thought I had a daughter for 11 years. Found out that she wasn’t mine. won’t go into the details but what hurt worse was the fact that I lost my daughter, not the money I spent on child support. Had MY daughter accepted me as her father instead of telling me she knew I wasn’t, coached by her mother, I would have continued raising her as mine. I feel sorry for the brother to be so behind but it seems to me that if he raised the boy as his son, then that is what is important. Anyone can father a child, takes a man to raise one.

  • Why?

    I’m a women but i feel like if man finds out the child isnt his he should not have to continue paying. It is the womans fault for not knowing who her child’s father is. That’s Triff! A woman shouldnt expect a man to continue to pay for a baby that’s not his. She needs to take care of that child, and maybe that will help her to keep count of her baby daddies. If you disagree, then you are prob the kind of woman I described. If the man decides he wants to continue to be in the child’s life, thats great, but remember that woman created the whole issue to begin with by not protecting her body, or just laying up with different men. A man can still decide to support that child but he should be able to give the money when and how he wants, not have it taken from his check. And it’s not fair to his new family who has to support a child that has nothing to do with them. Why should they suffer because of irresponsibilty. If you are the daddy, shut up and pay up!

  • jelady

    If he signed the birth certificate that makes him the legal father. I feel sorry for him and I am a woman. The woman should have went down to the courts and had him taken of child support.

  • freedomtofalsedads

    texas senate bill 785 passed stating that anyone who is on a birth certificate without having a dna test (no matter how long ago he found out) has until sept 1, 2012 to file a petition to terminate child support responsibility.

    after that date individuals will have 1year to file a petition from the date he became aware of not being the biological father.

    so everyone just get a dna test and eliminate the issue!

    and for those that find out she cheated and the baby’s not yours and want to stick around… while commendable make sure you REMOVE YOURSELF FROM THE BIRTH CERTIFICATE!!

    later on if you want to adopt the child legally great, but at least it won’t be mandatory until then.

No thanks