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  1. #1

    Question How Do I Get a Child Support Order

    My question involves child support in the State of: Tennessee i have been married for 7 years but separated for 5 years i had a baby and i need to know how can i get a child support order from the father without having my estranged husband tested. we live in different states and have not had any dealings in 5 years but i am told he has to take a dna test before i can test the father what can i do

  2. #2
    Join Date
    May 2008
    Posts
    582

    Default Re: How Do I Get a Child Support Order

    I am not an attorney, but from what I've read, if you were married at the time and the child is his, then the court presumes he is the father and there is no need for a dna test.

    As for getting child support, you can contact your state agency that oversees child support. In some states its done through the dept of revenue, others may be done through the attorney general's office. You can file an application on line and ask them to help establish an order for support. Just provide whatever information you have.

  3. #3

    Default Re: How Do I Get a Child Support Order

    my estranded husband is not the father my baby is 2 months old and my ex and i have been separated for 5 years i want to test the father of my baby without having to test my ex how do i do that

  4. #4
    Join Date
    Nov 2008
    Location
    Bloomfield, New Jersey
    Posts
    21

    Default Re: How Do I Get a Child Support Order

    NOTE: Presumptions can always be rebutted, in this case if you have a dead beat father, he will probably try to contest paternity by running you through the coals (i.e. "Give me a D.N.A. test, that baby's not mine!!")

    I really dislike family law; it's so depressing and brings out the worst in people.

  5. #5
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: How Do I Get a Child Support Order

    Whose name is on the birth certificate as the father? If there isn't one and you wish to have the bio-dad establish paternity, then you can ask him to test. If he won't, then you'll need a court order to force him to do so; you'll need a good family attorney to represent you and your chances of prevailing are 50/50 at best.

    Consult with a family attorney to get a good handle on your options.

  6. #6
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: How Do I Get a Child Support Order

    M'sta Mikey, I have to disagree with your advice on a technicality. The baby LEGALLY belongs to the husband of the OP. In order for the bio dad to be declared the father of this child, paternity has to be DISESTABLISHED from the legal father of the child (the husband), no matter how long she's been seperated. The court is not going to force a paternity test on man B, until paternity is disestablised on Man A, because the child ALREADY HAS a legal father, regardless of who appears on the birth certificate. By order of law in just about every state (although I haven't found 1 state that doesn't have this presumption yet), a child born of a marriage is the product of the marriage, no matter who lent the DNA to produce him.

  7. #7
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: How Do I Get a Child Support Order

    Point well taken. I should have remember that; Basic "Paternity" 101. My bad and thanks for the correction.

  8. #8
    Join Date
    May 2008
    Posts
    582

    Default Re: How Do I Get a Child Support Order

    I still think the local/state child support office can help in this case. They can help establish true paternity through genetic testing, and then establish a child support order. Yes, there is the presumption of paternity, but with dna testing, its pretty clear if someone is the biological parent.

  9. #9

    Default Re: How Do I Get a Child Support Order

    no one is on the birth certificate the ex refuses to take the test can i get a court order for the father with a private lawyer?

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