I signed a paternity agreement stating I was the father. At the time, it was explained to me by my now ex wife, that since no father had ever been listed on his birth certificate, all I had to do was put my name there. She filled the form out and I signed it.
Fast forward five years later. A major event happened causing the dissolution of our marriage. In the divorce, we both agreed there were no children, i.e., she took her child and I left the marriage with my three kids. The divorce went through and our lives separated. Then two years later I get served with child support papers. I got a lawyer, and she filed for paternity testing to be done, but the ex wife never showed for it, knowing all the while that the child was not mine.
A declaratory judgment was ordered eventually, saying I was indeed not the father. Then the AG of Texas filed an appeal based on this new evidence that I had signed a paternity agreement in 2004. I had never asked legal advice about what I signed beforehand, which was my mistake, as in line 1 it said, "We do hereby declare under perjury..." The judge agreed I was not the father, but then went on to say that the ex wife and I committed perjury by signing that paternity agreement. So I am rewarded by not having anything further to do with this child support stuff, but now I being told I face felony perjury charges along with her.
During the entire time I was with this child and his mother, I never used him as a tax exemption and never received any form of assistance. The paper was signed in 2004. The perjury discussed was today in 2012.
I am wondering if there is a statute of limitations in this case that should be addressed to prevent this from actually being brought to trial. Neither one of us, when we signed, had a mindset that we were committing perjury at the time of that signing.
I am just wanting to know if the judge has the right to send this to criminal trial for perjury or not?