How to Reverse a Default Order of Paternity After Disobeying Order for DNA Testing

My question involves paternity law for the State of: New Jersey

I was ordered by the court on two different occasions In New Jersey to take a paternity test of which I did not show up, when I did finally go the judge wouldn't hear me out now I'm stuck paying child support the child is now 6 years old I would like to know can I take the test now to prove I am NOT the father because there is a nother who we believe is the father how can this be done

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Quoting D angelo

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My question involves paternity law for the State of: New Jersey

I was ordered by the court on two different occasions In New Jersey to take a paternity test of which I did not show up, when I did finally go the judge wouldn't hear me out now I'm stuck paying child support the child is now 6 years old I would like to know can I take the test now to prove I am NOT the father because there is a nother who we believe is the father how can this be done

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Too late. You had your chance and stupidly ignored the order. You are dad.

Nothing can be done at all

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Quoting D angelo

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Nothing can be done at all

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Sure something can be done. Make sure you stay current on child support and be a positive influence on your child.

I have to ask you d Angelo. Just what did you think would happen if you refused to take the test? Especially if you did not believe you were the father, proving that would have been the logical and smart choice.

Unless your state is very different than any state I am familiar with, when you are sent a summons to appear for a paternity test, you are warned of what a refusal to appear will be and that is a default finding of paternity. Is your state different?

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Quoting D angelo

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I was ordered by the court on two different occasions In New Jersey to take a paternity test of which I did not show up

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What part of "court ORDER" did you fail to understand? You gave the court the finger, TWICE, by not obeying the order to be tested, and the court responded by saying "ok Mr. Smarty Pants, if you refuse to take the test to dispute the claim that you are the father, then we have no choice but to name you the father. Oh, and since you're hereby declared to be the father, here's an order for 18 years of child support, too. Next case."

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can I take the test now to prove I am NOT the father

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You can take as many tests as you want, if it'll amuse you. The COURT however, isn't even going to look at it. It's done. Over. Even if you have a boatload of test results at this point.

The ONLY person with standing now is the biological father. If HE wants to bring a case before the court, he can certainly attempt to seek to establish himself as the father, but YOUR chance to challenge is LONG gone.

What if the mother backs me up and agrees I'm not the father would that help

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Quoting D angelo

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What if the mother backs me up and agrees I'm not the father would that help

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Um, who do you think named you in that paternity suit?

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Quoting D angelo

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What if the mother backs me up and agrees I'm not the father would that help

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Not without a time machine, no.

Once again: the ONLY person on the face of the earth who has ANY chance of getting back before the court on this is the actual biological father. You had your chances and blew them.

You should get a DNA test to confirm whether or not you are the father. If you are not the father, you are still on the hook for child support. But at least you will know for sure.

If you are not the father, it is quite possible the father may eventually wish to establish his legal rights as a father to custody and visitation of his child. Alternatively if mom later marries, husband may wish to adopt her child. Either of those scenarios may get you off the hook for child support. Otherwise you should expect to pay support until the child is an adult.

You could try to appeal the judgment based on fraud by the mother, if she changed her story, then she was lying in court. Get your own dna test (swab your cheek, swab the kid's, it is 'your' kid legally so you can swab). Provide the private dna test results along with the appeal based on fraud.

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Quoting D angelo

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What if the mother backs me up and agrees I'm not the father would that help

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My sons mother is willing to go with me to court and say I am not the father of this child and she didn't know that at the time, do you think that will help.

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Quoting D angelo

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My sons mother is willing to go with me to court and say I am not the father of this child and she didn't know that at the time, do you think that will help.

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Only an idiot would be willing to incriminate herself and admit to paternity fraud, but hey go for it.

what do you think the outcome would be

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Quoting D angelo

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My sons mother is willing to go with me to court and say I am not the father of this child and she didn't know that at the time, do you think that will help.

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What part of "no" are you not understanding? You already GOT your chance to dispute being the father, and chose to ignore it. It doesn't matter what you or mom say at this point. It's a DONE deal.

If mom gets married, and her husband wants to adopt, you're off the hook. If the real father comes forward and wants to establish paternity, he MIGHT get the court to grant it. Those are the ONLY two scenarios, short of your death, that are going to get you out of child support, since you chose not to dispute it when the court invited you to, TWICE. Your chance to speak to the court about the situation is OVER. You missed it.

Are you saying I can never Disastablish paternity no matter what in the state of New Jersey even if the biological mother tells the judge the same thing that I'm saying that I am NOT the biological father if that's how it is I guess I have to be okay with that.and what kind of trouble can the mother get in if she admits paternity fraud

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Quoting D angelo

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My sons mother is willing to go with me to court and say I am not the father of this child and she didn't know that at the time, do you think that will help.

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so, has somebody else been proven to be the father?

do you know for a fact you are not the father?

Can you reply to my last question please, I won't ask anymore

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Quoting D angelo

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Can you reply to my last question please, I won't ask anymore

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JK was trying to help you. Seeing as you have behaved so foolishly, you can seek help elsewhere with that attitude.

Just a side note: I would have probably called you a moron but FatherWhoWon gets offended by my calling idiot OPs on the carpet.

No no one has been proven

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Quoting D angelo

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No no one has been proven

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That statement is incorrect. You have been legally proven to be the father.

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Quoting D angelo

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No no one has been proven

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I'm not sure why you're not getting it.

The time in which you and Mom could challenge paternity is long gone. The only person with standing now is the biological father.

It really IS that simple.

no I wasn't taking any attitude towards anything I was just saying I won't ask anymore I felt like I was getting on someone's nerves but please help me anyway you can I would greatly appreciated

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Quoting Antigone

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That statement is incorrect. You have been legally proven to be the father.

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Exactly. Biology really doesn't matter too much at this point. OP didn't bother to defend himself against the paternity suit; that's on him. Nobody else. He's the LEGAL father.

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Quoting D angelo

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no I wasn't taking any attitude towards anything I was just saying I won't ask anymore I felt like I was getting on someone's nerves but please help me anyway you can I would greatly appreciated

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There is nothing that anyone can do to help you. Its too late.

by that you mean by default judgement because I did not take a test am I correct

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Quoting D angelo

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by that you mean by default judgement because I did not take a test am I correct

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You ignored the court's order for a DNA paternity test. Because of this, the State found you to be the LEGAL father.

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Quoting D angelo

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No no one has been proven

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there were two questions there.



what I am after is;

is it actually possible you are the father? I do not recall, ever, that you denied it could be your child. If it is your child, all of this is simply foolish as you would end up in the same place but a bunch of dollars lighter.

She told me I wasn't and she said she is going with me and tell the judge she was wrong and she said if she admits to fraud It will change everything, is that possible.and honestly I am not the father

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Quoting D angelo

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She told me I wasn't and she said she is going with me and tell the judge she was wrong and she said if she admits to fraud It will change everything, is that possible.and honestly I am not the father

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The problem is, New Jersey law has a time limit for challenging voluntary paternity. It must be brought up no longer than 2 years after the party discovers "new information".

Dig through this - it's near the end of the document:

http://www.lawrev.state.nj.us/childr...geFR041510.pdf

So MOM cannot bring an action and it would appear that you are barred from bringing forth an action too.

This does NOT prevent the biological father from filing a suit.

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Quoting D angelo

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She told me I wasn't and she said she is going with me and tell the judge she was wrong and she said if she admits to fraud It will change everything, is that possible.and honestly I am not the father

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how does she know? If she was confident to name you in the paternity suit, she surely will be seen as not being truthful now.

as well, if you were so confident of not being the father, you would have been running down to that courthouse banging on the doors to get that test.

Sorry but everything you say strongly suggests that both she and you believe you not only can be but are the father.


The only possibility I can see is;

take a private DNA test. If it comes back you are not the father, engage the man who is the father (and please do not say this is a Jerry Springer future episode) and hope he will want to be the father to his child. Other than that, it's time to accept the reality of paying child support for at least the next 12 years.

Oh, and neither of you are going and telling the judge anything. The only way you get to address the judge is to file suit and your suit will be summarily dismissed due to the statutes of limitations. You won't even see a judge.

Well can she get them to stop letting me pay child support.and what is the penalty for pertarnity fraud.

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Quoting D angelo

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Well can she get them to stop letting me pay child support.and what is the penalty for pertarnity fraud.

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Oh she can file to stop child support, any time...as long as she's not being supported by the State.

And she's able to refile for child support at any time.

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Quoting D angelo

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Well can she get them to stop letting me pay child support.and what is the penalty for pertarnity fraud.

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I suspect the paternity suit was initiated by the state due to her obtaining welfare. If so, she has no control over the child support payments until she stops taking welfare AND you have paid back whatever the state has calculated you owe.

If she goes on welfare, the state will initiate child support from you. As well, she can reinstitute child support any time she chooses until the child ages out.

and there is no paternity fraud here. Simply reporting your name as a possible father is not paternity fraud and since you have (had) the right and opportunity to dispute the statement. That is your problem; not the mother giving them your name.

I owe 50,000 dollars back child support can the mother have me taking off of child support if I am in the rears and open another case on the real father so he can pay.

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Quoting D angelo

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I owe 50,000 dollars back child support can the mother have me taking off of child support if I am in the rears and open another case on the real father so he can pay.

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You owe $50,000?

And you really think Mom will forgive those arrears? (If you owe the State, I can guarantee that the State won't forgive them).

You keep missing the point though. At this point in time, NEITHER you nor Mom can initiate a petition to challenge your legal paternity.

The ONLY person who can do that is the biological father.

sorry but she cannot open another case. You have already been adjudicated as the father.

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Quoting jk

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sorry but she cannot open another case. You have already been adjudicated as the father.

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Yep! And this is why we don't ignore court orders.

But she is not on welfare now or getting any benefits from the state, I do owe back child support, if she ask will they stop child support and let me catchup. Can that happen.

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Quoting D angelo

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But she is not on welfare now or getting any benefits from the state, I do owe back child support, if she ask will they stop child support and let me catchup. Can that happen.

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Yes, Mom can forgive the arrears or make other arrangements with you.

If you owe the state though, even from past years, she can't do anything about that.

Why on earth have you let $50k build up?