Can My Ex Get DNA Testing Done 11 Years After Our Daughter's Birth?

My question involves child support in the State of: California

My ex husband and I split up when our daughter was 6. He has paid child support for the last 5 years, she is now 11. I recently got a modification and he was not too happy about it.

He told the judge he wants a DNA test. The judge basically told him its too late for that. But my ex insists he can get one and is doing whatever it takes to get one. Which will only blow up in his face, but that is fine with me.

I really do not mind if he is able to get one. Except for the fact that I live in NC and he is in CA. My questions are. Is he able to get one at this late date? (I believe I read somewhere that he only has 2 years once child support is established to request one, but I cannot remember where I read it) If he is able to get one will they make him come here to NC ? (I should not have to spend money to fly there, when I am established and living in NC. He has no rights to our daughter, he lost them in 2003.)

I could see him asking me to do one of those private dna tests, but I know a friend whose ex had someone else take the test for him and so he did not match the child. I would never do a private one. Only one done by the courts.

Again it really does not matter to me, I actually hope he is able to so he can see how stupid he looks.

But I want to make sure it wont be any trouble for me to do it. He should have done it when we lived in California, until our daughter was 9. She is now 11. It is very clear he just is trying so hard to get out of paying support.

If he's got the samples and the dough, he can get it.

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Quoting seniorjudge

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If he's got the samples and the dough, he can get it.

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What do you mean by samples?

As far as having the money, as I mentioned I could care less if he gets dna. But would they inconvenience me? Would I have to fly to California to do it? Or would he be required to come here?

Thanks.

He can hire a lab to get a sample from you and the child in NC and provide a sample in CA.

The results themselves no matter what they are, are going to hold up in court, so if he wants a DNA test to rest his nerves, as long as you aren't paying for it, let him have it.

As for the 2 years thing. He would have had 2 years from the time of a default judgment, or the time he KNEW about a default judgment to contest the judgment and paternity. Since this is your husband, the child herself, if born inside of the marriage would have legally been his anyway.

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Quoting CourtClerk

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He can hire a lab to get a sample from you and the child in NC and provide a sample in CA.

The results themselves no matter what they are, are going to hold up in court, so if he wants a DNA test to rest his nerves, as long as you aren't paying for it, let him have it.

As for the 2 years thing. He would have had 2 years from the time of a default judgment, or the time he KNEW about a default judgment to contest the judgment and paternity. Since this is your husband, the child herself, if born inside of the marriage would have legally been his anyway.

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Yes we were married. And there is no doubt on this earth that it is his. so I dont mind if he gets it. I just want to be sure I am not inconvenienced in any way. At the time of the initial court order in 2003 I told him to get the dna to rest his nerves if he had any. He refused, so I dont feel he should be able to inconvenience us now. We are settled and happy 2700 miles away from his madness.

So your reply means that he would have to pay for a private company to do it, having them do him there and us here in NC? So I would not be inconvenienced in any way in your opinion?

What I am saying is that if he chooses to have one done, then he can arrange for a sample to be taken in your home state. At this point, yes, he would have to pay for it.

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Quoting CourtClerk

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What I am saying is that if he chooses to have one done, then he can arrange for a sample to be taken in your home state. At this point, yes, he would have to pay for it.

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Thank you!!