How did you discover that she has had another marriage going on? Uh, we were filing for her paperwork to become a citizen and I found an envelope with her personal documents in it and when I discovered it, I asked her about it and um it it was terrible. Okay, Miss D, what do we have?
Um, yes, this is a little bit of a different case. Um the parents had a prosay divorce decree that was signed in January of this year. In that divorce decree, it ordered joint managing conservators with the father to have a standard possession schedule.
But the court did not set any child support um or medical support because there was they found a potential fraud or misrepresentation of paternity by the mother when she got divorced from her other partner Stanley in 2024. The child William here was born during her marriage to Stanley. However, in that divorce, it said no children born of the marriage.
And so when the parties on this case did the divorce, um the judge did not set child support because of that issue. And so we did DNA testing. We have the results.
They are positive. And so today, we're just here to um set current child and medical support. Um there's not an agreement on the amount or the start date for the medical support.
So I'll start by taking testimony from the parties. Um I'll start by calling the father first. Sir, will you state your name?
Uh Hezekiah and Muhammad. Okay. And you did DNA testing, correct?
That's correct. And what are the results of that test? Uh they're they are positive.
Thank God. And your honor, may I share my screen? Yes.
Okay. Okay. Mr Muhammad, can you see this DNA test report?
Yes, ma'am. It has your name here and then Williams name in the middle. Right.
That's correct. And showing the probability of paternity 99. 9%.
Right. Yes. Okay.
Um, I'd ask that this DNA test report be admitted into evidence states exhibit A. Oh, I'm sorry. Any objections?
Oh, no objections, your honor. Sorry. Okay, no problem.
Sorry, I should have asked you first. Sorry. Uh, okay.
It's admitted. Um, and Mr Muhammad, you have health insurance for the child through the marketplace. Is that right?
Yes, I have. Texas Family Code 160. 204, presumption of paternity.
Under Texas Family Code 160. 204, 204. A man is presumed to be the father of a child if he's married to the mother and the child is born during the marriage and notably the presumption also reaches a child born before the 301 day after a marriage end by divorce.
First presumption during marriage a man is presumed to be the father of a child if he is married to the mother and the child is born during the marriage. Secondly, presumption after marriage end by divorce. The presumption also applies to a child born before the 301 day after the marriage end by divorce.
Thirdly, key takeaway. If a man was married to the mother, the law presumes he is the father of the child. If the child is born during the marriage or before the 301st day after the marriage end by divorce unless and until the presumption is rebutted with clear and convincing evidence.
Yes, I have. And does it cost you $150 per month? That's correct.
And are you also currently employed making $13. 50 per hour? Yes, ma'am.
And you work 40 hours per week. Is that right? Yes, ma'am.
And you have William on this case, but you have three other minor children as well. Is that correct? That's correct.
Okay. And so based on the information, we've calculated child support at $281 each month. Are you in agreement with that amount?
Yes, ma'am. And are you in agreement for that amount to start January 1st, 2026, and then monthly thereafter? Yes, ma'am.
Okay. Um, is there anything else you want the court to know about your case? No, ma'am.
Okay, I'll pass the witness. [clears throat] Yes. Um, very quickly, um, you heard the opening statement of Ms.
Nut. Uh, and you, uh, believe what she said is accurate concerning how, uh, the history of this case? Yes.
And um is it fair to say that you felt deceived by Miss is it Chuku? Absolutely. Um and um when how did you discover that she has had another marriage going on?
Uh, we was filing for her paperwork to become a citizen and I found an envelope with her personal documents in it. And when I discovered it, I asked her about it and um, it it was terrible. Um, I don't even want to think about it again.
It was really heartbreaking. Um, and let me ask you this. When you did you know that Ms.
Zich Chuku had gone and gotten a divorce from this person Stanley. I had no idea. So that whole process that she started and did, she didn't tell you about it at all?
No, not at all. And is it fair to say that you felt deceived by Miss Ezuku on different occasions? Regularly.
And did that call into question whether or not in your mind you were the father? Absolutely. And when you went to court to do your divorce, it was a default judgment against Miss Easy Chuku, correct?
Yes, sir. Um, but you had served her and given her notice and and she knew about the court proceeding. That's correct.
And isn't it fair to say that when you did that divorce, it was the judge who decided not to order child support? That's correct. Um, because Miss Zuku had gone to court and lied directly to the court, right?
Absolutely. Um, now if you um had when when have you been had have you had access to this child, William? No, I have not.
And if you had had access, would would you have gone and done a DNA test to confirm that you were the father? Yes. And if you were the father, you would have taken all of the responsibility and all that.
Correct. That's correct. And in fact, not even knowing the father, you you you were the father, you still tried to take on the responsibility.
I did. And isn't it true that even though you were unsure about fraternity that you did even continue to send um Miss Easy Chuku money? Yes, I did.
Um, you sent her $600, $300, $100, $200, 15, 120, 200, right? Yes. Through the period, this was for everybody listening, it was August 3rd through June 3rd that you made these payments, right?
That's correct. Didn't you make additional payments from June 14th through April 7th of 2024 in the amounts of 2007 70 53 70 50 14 27 and 30. Correct.
That's correct. That's just some of the money you sent her, right? Yes, sir.
Um, now that you are the father, that you know you're the father, you've always been the father, but now that you know the father, you're going to pay regular current child support moving forward without fail, right? Yes, sir. You have three other children and you always support them.
Yes, sir. You have always provided insurance for the children and for William. I have.
And you're going to continue to do that. All right. I pass this witness.
Okay. Go ahead. Yes, runner.
I'll call the mother. Ma'am, will you state your name? My name is Eama Isuku.
Okay. And what's the name of the child on this case? William Clyde.
And how old is he? He's 2 years old. Okay.
And you saw the DNA test results that show Mr Muhammad is the father. Correct. Correct.
Okay. Um, and are you in agreement for the father to continue to carry William on health insurance to the marketplace? Yes.
Yeah. Okay. And based on Mr Muhammad's income, we've calculated child support at $281 each month.
Do you agree with that amount or do you disagree? I disagree. Okay.
And can you explain why you disagree? Okay. Um, family code 1605 and 160.
631 631 genetic testing and adjudication of fraternity Texas family code 1601 rebootable identification of father a man is reportedly identified as the father when genetic testing meets both of the following. One at least a 99% probability of paternity. two, a combined paternity index of 100 to one or greater.
When both requirements are met, the law presumes the man is the father. The presumption is rebuttable. Texas family code 16031.
Adjudication of father absence competing genetic evidence. The man so identified shall be adjudicated the father. What this means?
The court must enter an order adjudicating paternity. Two, the father has all legal rights and responsibility. Three, this supports the child right to support inheritance and identity.
Okay. Um to start with what the um what m what Mr Hezekiah said he lied when we started dating. I told him I was married.
I told him I was Yes. Ma'am, I just need to know why you think that 281 in child support is not because he hasn't supported me for this child from last year. Okay.
Apart from the insurance and the money he sent to me, sorry, you also don't agree with the support starting January 1st, you want it to be correct. And so the 281, you think the amount should be higher. Is that correct?
Um, it should be higher. Yeah. And again, it should start from it should be retro.
Should should start from Yeah. should start earlier. How much are you requesting child support be set at?
from $450. $450. Yes, ma'am.
Okay. Let's see. And um William's last name right now it's Clyde.
Is that correct? Yes, ma'am. And um whose last name is that?
That's his last his father's last name. Mr Muhammad's last name. Correct.
Okay. I'll pass the witness. Mr Tara.
Yes. Very briefly, isn't it true that in February of 2024, you went to the courthouse, well, probably either in person or by Zoom, and you finalized a divorce from Stanley Easy Chuku, correct? Correct.
And at that hearing, you gave testimony on the record. Correct. Correct.
I was my It's a yes or no question, ma'am. Okay. And you you told the court that there were no children born or adopted during the marriage.
Correct. Correct. And isn't it true that in January of 2025 that you were divorced from Mr uh Muhammad?
Correct. And by deceiving the court, you effectively denied yourself justice. It was you that did it.
Correct. I disagree with what you said. Well, if you had been honest at the hearing, then all of this would have come out and it could have been resolved at that time.
Correct. I disagree. Okay.
Um and um that's all the questions I have. I pass this witness. Okay.
All right. I just had a couple questions, Mr Turner. Uh just to clarify, um we're we're okay with the name of the child being the same or uh it says Mr Muhammad is his last name, but child has a different name.
I are we leaving that the same or we wanting to change that? Uh that was a little unclear to me. I'm sorry.
It was a little unclear to me whether or not Mr Muhammad was trying to change the child's last name or not. Okay, let me let me make sure then. Uh [clears throat] Mr Muhammad.
Uh, the child is named after who? Is it the ex-husband or somebody else? Uh, no.
He's he's named after my mom. Ah, okay. So, are you wanting to leave it the same?
Yes, sir. Okay. Perfect.
Just [clears throat] kind of weird. We have three different last names. Okay.
Well, he he used to be Mr Clyde, but he legally changed his name to Hezekiah Muhammad. So, that's that's where where this comes from, your honor. No problem.
I just didn't want the child be named after ex-husband or some other man is what I was my primary thing. I think if I understood Mr Hezekiah correctly is if the child wants to change his name to conform more with Mr Hezekiah's belief system uh when uh he's older that he can do that on his own and that's kind of a his decision which I think is a good thing. Yeah, I agree.
Okay. All right. All right, let me go ahead and make a finding.
I guess uh I'm including the order of paternity establishment, although I kind of unusual. And as far as insurance, Mr Mohamad is going to carry insurance. And then there's no basis for me to set support anything higher than the guy of the 281.
I can't just arbitrarily set it at 450 because we don't like it. Uh the 281 is calculated based on Mr Muhammad's income and that's what state law says should be paid. Um, we had the opportunity uh, ma'am, you had the opportunity to set support in the divorce with Mr Muhammad.
Uh, but you did not participate. You didn't go to court. You didn't participate in the drafting of the orders.
Um, and then you also defraed this this court and in your prior divorce by telling them that there were no kids born in the marriage. I know that a lot of people make that similar mistake, but you're supposed to tell the court if you had a child during your marriage, even if it wasn't your husband's child, uh what that supposed to happen when you do a divorce, is it should say so and so's child was born during the marriage, but the husband's not the father. That would be telling the truth.
Leaving the child out just because, well, I don't think I want to put it in there or you don't know what you're doing isn't a good excuse. You have to put in all the information into your divorce. When you testified in court, you have to give them all the information, including that there was a child born, but it wasn't your husband's child.
Um, and so, um, you know, you had kind of two two opportunities to fix this, and you haven't. So, I'm not ordering back child support or retroactive child support if you haven't done your part. So, uh child birth is 281 beginning January 1st, 2026 and monthly thereafter.
There is no balance for the past. All right. Um the attorney general's office will draft an order for me to sign and then they'll send out withholding orders later on down the road to take it out of your check.
And that should conclude our case. Y'all are excused and are done. You can press leave on the Zoom to exit out.
Thank you. Thank you very much. Thank you.
Family code 154. 131. Retroactive SH support.
Retroactive support under 154. 131 is discretionary not mandatory. Discretionary.
The court may order shy support for a period before the date of filing the suit but it is not required to do so. The decision is left to the sound description of the court's basis on the circumstances of the cases factor. The court consider under 154.
131. The court may consider all relevant factor including oblig voluntary contribution. The obligical paral voluntary contribution to the child are a key factor in the case.
This distribution were substantial. Two, the equities of the parties conduct. The courts consider the equities of the party conduct throughout the case.
Here the court plainly found that the equities did not favor the model. The factor weigh against an award retroactive support. This factor also weigh against the award of a retroactive support.
The court decision after considering the evidence and the statutory factor under 154. 131. The court exercise is discretional and determined that an award of retroactive shy support was not warranted.
Retroactive support is not automatic. The law allow the court to consider pal voluntarial support and the party's conduct when those factors weigh against the request. The court may deny it.
That is the key takeaway guys. Thank you guys for watching the video. Let me know in the comment section if you guys like this commentary and me sharing the law with you guys so I can know if I should do this more and if We can both educate each other and not just watching this videos for just entertainment purposes and we can both watch it and also learn from it so we can also share it with people that need this in our day-to-day life.
Thank you guys for watching. Peace.
