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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“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?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

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Author: House Attorney

A house attorney has answered this question.

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