Quote Quoting BrickTree79
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Within the marriage, a child was born, and my husband believes that the child is the son of the man with whom his wife was having the affair. Even though my husband states that he was homeless and unemployed, Texas decided that he needed to pay child support for the child born within the marriage.
I assume that "within the marriage" means that the child was conceived and/or born during the time that your husband and his first wife were married. Correct? How old is the child now? Did your husband ever take any steps to dispute paternity?


Quote Quoting BrickTree79
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So now that we're in a position to hire a lawyer, we want to know if this child for whom we are providing support is my husband's biological child. If he is not, we want to get the order for support terminated.
It is the law in every state that a child born to a married woman is presumed to be a child of the marriage. Some states are more logical than others and make this presumption contingent on the child being conceived during the time of the marriage and/or also require that the mother and her husband be cohabitating at the time of conception. However, other states only care that the mother and her husband were married at the time of birth. Not entirely sure about Texas.

In any event, if the woman's husband believes he is not the biological father of the child, he can dispute paternity and seek to prove or disprove paternity with a DNA test. Such an action typically needs to be taken within a very short time after the child is born (four years is the longest time I'm aware of and, again, I'm not sure about Texas law). If your husband failed to dispute paternity within the appropriate time, then, as far as the law is concerned, the child is his, regardless of DNA.


Quote Quoting BrickTree79
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the child now live in Florida. Would we contact Florida to request a paternity test, or would it have to go through Texas first, since that was where the order was first established?
I'm not sure what "contact Florida" means. When did the mother and child move from Florida to Texas? Also, you wrote that you and your husband don't reside in either Florida or Texas. Where do you live now, and when did your husband leave Texas?