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Can You Disprove Paternity in Order to Quash Child Support Arrears

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  • 12-21-2006, 03:20 PM
    dennisspeaks
    Can You Disprove Paternity in Order to Quash Child Support Arrears
    I am currently going through a divorce, mother took kids and moved to another state. Because I lost my job I got behind in child support but am current and paying back support.

    We just took dna tests and found out that I am not the father of two of the three children, two are over 18 and one is 16 with the oldest being mine. I know I've probably got a fight on my hands with CSE, and I know every case is different and depends on the judge or hearing officer and what side of the bed they get up on, are my chances of getting the current and back support for the children that are not mine squashed?
  • 12-23-2006, 11:12 PM
    Mr. Knowitall
    Re: Getting back support quashed for children that are not mine.
    Child support laws vary by state. In most states you wouldn't pay support for an adult (>18) child, unless the child is still a full-time high school student or there are other unusual circumstances (e.g., developmental or physical disability).

    It may be possible to disestablish paternity as part of the divorce. In addition to the history of your situation, that again depends on your state's laws. If you wish to try, I strongly suggest working with a lawyer.
  • 12-24-2006, 09:09 AM
    jk
    Re: Getting back support quashed for children that are not mine
    also understand that in some states, this just simply won't happen. Often paternity is not based upon bio factors after certain actions or time have passed.

    The fact that you have been the father (in all forms except the sperm provider) for all these years (presuming you raised them from conception), many states courts will simply tell you that you are the father.
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