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  1. #1
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    Default 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?

  2. #2
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    Default Re: Child Support Based on DNA Test

    Quote 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?

    How old is the child?

  3. #3
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    Default Re: Child Support Based on DNA Test

    The child is a male 13 years old.

  4. #4
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    Default Re: Child Support Based on DNA Test

    Quote Quoting december4
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    The child is a male 13 years old.

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

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

  5. #5
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    Default Re: Child Support Based on DNA Test

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

  6. #6
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    Default Re: Child Support Based on DNA Test

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

  7. #7
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    Default Re: Child Support Based on DNA Test

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

  8. #8
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    Default Re: Child Support Based on DNA Test

    Quote 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?

    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.

  9. #9
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    Default Re: Child Support Based on DNA Test

    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.

  10. #10
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    Default Re: Child Support Based on DNA Test

    Quote 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.

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

    (this from another law site)

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

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