If I Take a Paternity Test that Proves I’m not the Father of my Estranged Child, How Will that Affect my Child Support Payments?
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Summary
I am a father of two estranged children living with their mother. I’m being hit very hard with child support, recently I ran into my ex’s old best friend (they are no longer on speaking terms) and she said to me that my son is not actually mine (I have always suspected but never raised the matter.) If I have a dna test done and it shows that I am not his father, will I have to continue paying child support? |
“I am a father of two estranged children living with their mother. I’m being hit very hard with child support, recently I ran into my ex’s old best friend (they are no longer on speaking terms) and she said to me that my son is not actually mine (I have always suspected but never raised the matter.) If I have a dna test done and it shows that I am not his father, will I have to continue paying child support? Would she have to repay what I have paid in? I signed the birth certificate thinking he is mine, and he is now 8 years old, does this make a difference?”
Your voluntary declaration of paternity is going to work a mischief on you, especially after eight years. Though you will want to check it out with a local attorney, there may now be such a strong presumption that you are your child’s father, that you will not be able to reopen this aspect of your case for a determination that you are not your son’s father. And if you did, and are “successful” your ex will most likely never need to pay back any support that you have previously paid.
What to do When You are Denied a Paternity Test
Do I Pay Back Child Support If I Take a Paternity Test After the Child Turns 18?
Can a Judge Rule Out a Paternity Test?
For more on this subject check out these categories: Family Law, Child Support, Paternity, Relationships
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.