Child Support Based on DNA Test

I have a son who resides in Nevada. His age is mid- thirties. He is divorced.Former wife resides in New York State. There is a child involved. My sons name is on the childs birth certificate as the father.Howevewr he has reason to believe that the child is not his.He has paid child support in the past and is not in arrears.Former wife is making false statements to authorities in New York State that he has not paid. He now wants a DNA test tp prove or disprove paternity. Would the results of a DNA test resolve this?

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Quoting december4

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I have a son who resides in Nevada. His age is mid- thirties. He is divorced.Former wife resides in New York State. There is a child involved. My sons name is on the childs birth certificate as the father.Howevewr he has reason to believe that the child is not his.He has paid child support in the past and is not in arrears.Former wife is making false statements to authorities in New York State that he has not paid. He now wants a DNA test tp prove or disprove paternity. Would the results of a DNA test resolve this?

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How old is the child?

The child is a male 13 years old.

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Quoting december4

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The child is a male 13 years old.

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The time in which Dad can challenge paternity has long passed, sorry.

A court will not order a DNA paternity test after 13 years.

Thanks for your answer. However is it required to have a court order a dna test? Can an individual do it?

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Quoting december4

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Thanks for your answer. However is it required to have a court order a dna test? Can an individual do it?

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Sure, your son can do one himself - but it won't do anything legally, you know?

Thanks again for your reply. Is there any exception where a court would recognize the results of the dna test?

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Quoting december4

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Thanks again for your reply. Is there any exception where a court would recognize the results of the dna test?

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The problem isn't so much with the validity of the test itself, it's that there is no legal reason to ask the court to do so.

The time to challenge paternity expired quite a few years ago.

Statute of Limitations

The time to commence a paternity proceeding under Article 5 of the Family Court Act is any time during the pregnancy of the mother, or after the child is born, but not after twenty one years, unless paternity is somehow acknowledged by the father, or he paid support.

To Dogmatique. Thank you for your answers. I really appreciate you taking time to answer me.

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Quoting december4

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Statute of Limitations

The time to commence a paternity proceeding under Article 5 of the Family Court Act is any time during the pregnancy of the mother, or after the child is born, but not after twenty one years, unless paternity is somehow acknowledged by the father, or he paid support.

To Dogmatique. Thank you for your answers. I really appreciate you taking time to answer me.

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He is not commencing a paternity proceeding - he is trying to disestablish paternity. There is a difference here.

(this from another law site)

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First, the controlling case law on the subject is Cleophus P. v. Latrice M.R., 299 A.2d 936 (App. Div. 2003) and Sarah S. v. James T., 299 A.2d 785 (App. Div. 2003).

Unfortunately, for you, although the statue of limitations on establishing paternity is 21 years, there is no such protection for Disestablishing paternity.

In fact, under new York law, you had 60 days from the date of the last determination of paternity, (the court order afixing you as the father) to file a petition for disestablishment.

Also, you face the additional problem of the AOP. (Acknowledgement of Paternity). Again, there is a 60 day window to rescind the AOP which did not happen here.

Therefore, the case falls under the Collateral Estoppel rule. In plain language, if you sit on your rights to a thing, eventually by your inaction, the right ceases to exist.

I see no way currently in the New York jurisdiction to file for and win a disestablishment of paternity suit at this late time.

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(from http://in.answers.yahoo.com/question...9010232AAkIdcj )

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Quoting Dogmatique

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He is not commencing a paternity proceeding - he is trying to disestablish paternity. There is a difference here.

(this from another law site)



(from http://in.answers.yahoo.com/question...9010232AAkIdcj )

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Very interesting. Maybe the only recourse will be an attorney.

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Quoting december4

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Very interesting. Maybe the only recourse will be an attorney.

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He'll need one familiar with NY law, not Nevada.

I have to ask - if he's been "Dad" for 13 years, is it solely because of the child support that he's looking to have paternity disestablished?

Does he have a relationship with the child?

Paternity was established by virtue of the parents having been married at the time of conception? Birth? Both? Or in some other way?

The child support and custody order resulted from the parents' divorce? How many years ago? Why wasn't the issue of paternity raised at that time?

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Quoting Mr. Knowitall

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Paternity was established by virtue of the parents having been married at the time of conception? Birth? Both? Or in some other way?

The child support and custody order resulted from the parents' divorce? How many years ago? Why wasn't the issue of paternity raised at that time?

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Isn't it somewhat moot now?

(or are we talking about, for example, fraud and/or duress?)

Help me learn :cool:

[QUOTE=Dogmatique;386183]Isn't it somewhat moot now?

(or are we talking about, for example, fraud and/or duress?)

Help me learn :cool:[/QUOThere
I will get his answer and get back to you.

[QUOTE=december4;386187]

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Quoting Dogmatique

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Isn't it somewhat moot now?

(or are we talking about, for example, fraud and/or duress?)

Help me learn :cool:[/QUOThere
I will get his answer and get back to you.

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Hey Dad,it's all anonymous,so it doesn't matter. No,my attempts at having a relationship with him have been stifled by her and he doesn't resemble me at all. That and her history leaves me to wonder. He was born prior to marriage. The main thing is that I want her totally out of my life and it seems that he is that string that holds on for her. If he is not,yes,I do believe I was fraudulently charged for the support.She,at one point,told her friends that if she had a child,that would be her way to keep me around. When she dropped it,I thought it was all over with,but it seems it's her only recourse to stay a part of my life. There was nothing in the divorce decree because I sued her for abandonment and therefore no real custody/support could be established,although it is in the decree. There is nothing about finances,only visitation rights. I don't think suing her for fraud would be worth it,but maybe NYS should pay up. However,that is getting too far ahead,paternity hasn't been established yet.
It isn't so much I don't want to be part of his life,but if he isn't really mine,there would be a continued animosity toward the child (brought on by the mother) that is unfair to him. Let me know anything else you may need to know.

OP first stated:

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My sons name is on the childs birth certificate as the father.Howevewr he has reason to believe that the child is not his.

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In the state of New York, you CANNOT go on the birth certificate without one of two things happening - you either signed an AOP, or the court declared you the legal father.

Now Dad's post:

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it's all anonymous,so it doesn't matter.

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What does that mean? :confused:

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No,my attempts at having a relationship with him have been stifled by her and he doesn't resemble me at all. That and her history leaves me to wonder. He was born prior to marriage. The main thing is that I want her totally out of my life and it seems that he is that string that holds on for her.

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Haven't you filed for visitation? And physical resemblance means nothing. Trust me. My toddler resembles a particular actress and I assure you the actress in question had nothing to do with my little girl's conception.

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If he is not,yes,I do believe I was fraudulently charged for the support.She,at one point,told her friends that if she had a child,that would be her way to keep me around. When she dropped it,I thought it was all over with,but it seems it's her only recourse to stay a part of my life.

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Seriously, you're missing the point. It would appear that you ARE the legal father.

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There was nothing in the divorce decree because I sued her for abandonment and therefore no real custody/support could be established,although it is in the decree. There is nothing about finances,only visitation rights. I don't think suing her for fraud would be worth it,but maybe NYS should pay up. However,that is getting too far ahead,paternity hasn't been established yet.

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If you are on the birth certificate and have been paying child support, paternity has absolutely been established. And please explain the bolded.

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It isn't so much I don't want to be part of his life,but if he isn't really mine,there would be a continued animosity toward the child (brought on by the mother) that is unfair to him. Let me know anything else you may need to know.

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Not my place to comment. Sadly.

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Quoting december4

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Thanks again for your reply. Is there any exception where a court would recognize the results of the dna test?

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Yes, there are exceptions where a court will recognize the results. Love v. Love, 114 Nev. 572, 959 P.2d 523 (1998)

What happens in Nevada does NOT necessarily happen in New York - which is where Mom and kiddo live.

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Quoting Dogmatique

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What happens in Nevada does NOT necessarily happen in New York - which is where Mom and kiddo live.

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But what happens in Nevada CAN be reviewed in New York and decided in the same manner. There are numerous cases in numerous states all that disestablish paternity in married couples. See page 21

I haven't read all those cases or even read that whole article but presume them to be as labelled.

I just wouldn't go saying that there is no legal reason to ask the court to do so, there seems to be reasons, reasons New York may feel are justified and agree.

The time to challenge does not seem to preclude actions to be taken if the courts so determine.

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Quoting larsen161

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But what happens in Nevada CAN be reviewed in New York and decided in the same manner. There are numerous cases in numerous states all that disestablish paternity in married couples. See page 21

I haven't read all those cases or even read that whole article but presume them to be as labelled.

I just wouldn't go saying that there is no legal reason to ask the court to do so, there seems to be reasons, reasons New York may feel are justified and agree.

The time to challenge does not seem to preclude actions to be taken if the courts so determine.

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Seriously. You need to observe and take note of New York cases. Please, don't give OP false hopes.

So you're saying if something hasn't happened in a state, it can't happen in a state? Imagine where we'd be if that were true

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Quoting larsen161

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So you're saying if something hasn't happened in a state, it can't happen in a state? Imagine where we'd be if that were true

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Not quite. But what happens in a Nevada family court room has - quite simply - very little relevance when one is discussing a NY custody matter.

Look, I get that "there is always a possibility". We ALL get that. But in this situation it just isn't relevant.

Hey, if you have NY case law which specifically shows that a particular Nevada statute subsequently trumps NY statute, by all means share it with us.

I'll be the first to eat crow!

I had an interstate support and custody matter. What I learned is that you have to go by the rules of the state that has jurisdiction to hear and rule on the matter. It sounds like in this case its NY, so the advice to get information from a NY lawyer is correct.

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Quoting Dogmatique

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Isn't it somewhat moot now?

(or are we talking about, for example, fraud and/or duress?)

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I suspect that, if those questions are answered, we would find that there are multiple impediments to trying to dispute paternity at this time; The answers may open up some sort of theory by which a paternity challenge is possible, but it's more likely that based upon the full facts we could present unambiguous authority that it is not.

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Quoting larsen161

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But what happens in Nevada CAN be reviewed in New York and decided in the same manner.

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Dad doesn't get to move states and then relitigate paternity under the laws of his new state of residence. From what we've been told so far, the child is domiciled in New York, paternity was established in New York, and the New York court that issued the support order has continuing exclusive jurisdiction over matters affecting custody and support.

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Quoting Mr. Knowitall

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I suspect that, if those questions are answered, we would find that there are multiple impediments to trying to dispute paternity at this time; The answers may open up some sort of theory by which a paternity challenge is possible, but it's more likely that based upon the full facts we could present unambiguous authority that it is not.

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Fair enough!