Father Denies Paternity

n185 · #1 10-11-2006, 02:50 PM

I have 2 children ages 15 and 11, the father is now stating that he is not the father of the 11yr old. He has been paying childsupport for both children. I went to the courts because he had stop paying for 2 months. He advised my he bought a home paternity test and found out that my son is not his. Will he have to continue paying childsupport for him?

aaron · #2 10-11-2006, 03:04 PM

His home test results don't change the court's child support order.

His ability to try to now disclaim paternity will depend upon the laws of your state.

Dare I note, you're not yet suggesting that the test was wrong?

n185 · #3 10-24-2006, 09:24 AM

While he and I was in this long relationship, I was sexually taken advantage of. He was awared of this. So it maybe correct. However this was not because I was out cheating on him. When this happened we were still together, together all the time.

SO it may be correct

rmet4nzkx · #4 10-24-2006, 09:42 AM

Then you should have reported your rape to the police and had a court ordered paternity test when the child was born. Unless there is some evidence that he knew of the possibility this was not his child as you now claim, then he may very well be able to disestablish paternity and the associated child support. Since you failed to give us your state, we cannot be more specific in what you might expect.

n185 · #5 10-24-2006, 03:08 PM

I am in the state of PA.

deadlock · #6 11-05-2006, 05:45 PM

Quoting n185

I have 2 children ages 15 and 11, the father is now stating that he is not the father of the 11yr old. He has been paying childsupport for both children. I went to the courts because he had stop paying for 2 months. He advised my he bought a home paternity test and found out that my son is not his. Will he have to continue paying childsupport for him?

I agree that there is an order for child support in place and your husband will need to file a motion to change that order. It is then the responsibility of the court to require acceptable testing.

It does take time so give the system to follow you complaint. It is not your job to try to second guess a home test result and how it will affect you. It is frustrating but following the advice of the your case worker AND an attorney.

Best wishes.