Can DNA test be done now and if he is not the father the back child support be taken off? 13 Answers as of March 12, 2013

My fiance owes back child support on a 20 yr old son. The day of child support court he was late so the judge denied him being able to take a DNA test and ordered him to pay child support without one.

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Hamblin Law Office | Sally Hamblin
Regarding that issue, no, it would not help in most jurisdictions.
Answer Applies to: Michigan
Replied: 3/12/2013
The Law Offices of Tres A. Porter | Tres A. Porter
Unfortunately, without a lot more information, no. At age 20, the requirement for ongoing support should be terminated, but generally speaking the Court will NOT retroactively eliminate arrears or take action to undo a judgment of paternity that is that old. You should consult with a family law attorney in your area as soon as possible.
Answer Applies to: California
Replied: 3/6/2013
John Russo | John Russo
First of all he alleges that x number of years ago he was late for a hearing and the judge denied his DNA request, and thats his story and he is sticking to it. Did he ever hear of refiling a motion, I don't buy his story, but in any event the answer is NO, he was the adjudicated father and all the DNA test in the world cannot reverse that now, so he needs to pay the arrears or try and work a deal, if say he owes 20k then he can ask the mother if she would be willing to take 10k lump sum and waive the rest something along those lines, but that means 10k or whatever now to waive the balance.
Answer Applies to: Rhode Island
Replied: 3/6/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
That sounds fair. The mother raised the child and incurred the expenses while he was growing up. Your fiance slept on his rights and did not raise the issue when the costs were incurred. There is no reason for the court to order a DNA test.
Answer Applies to: Idaho
Replied: 3/6/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
No, at this point if he has been considered the son of this man for that long then they will not remove child support.
Answer Applies to: New York
Replied: 3/6/2013
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    He can appeal that decision. If there is a question as to the parentage, it should be done.
    Answer Applies to: New Jersey
    Replied: 3/6/2013
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Arrears never go away. Never.
    Answer Applies to: New York
    Replied: 3/6/2013
    Carey and Leisure | John Smitten
    You can file a petition to dis-establish paternity and if successful you can erase the back support but only if the ex agrees to erase the back support.
    Answer Applies to: Florida
    Replied: 3/6/2013
    In Nevada he would file what is called a Motion for Reconsideration or if more than ten days has passed since the order an NRCP 60(b) motion.
    Answer Applies to: Nevada
    Replied: 3/6/2013
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    There is a very limited time available to challenge paternity and request a DNA test. I suggest you hire a lawyer.
    Answer Applies to: Texas
    Replied: 3/6/2013
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If the son is now 20, then this is a long gone issue. You have two years from the entry of a Judgment to challenge the validity of a paternity Judgment. I would imagine that it is much more than 2 years at this point. Those that sit on their rights lose them.
    Answer Applies to: California
    Replied: 3/6/2013
    Law Firm of Jeffrey A. Conner, Esq. | Jeffrey Conner
    Florida now has a statute to disestablish paternity but it requires that the Father be current in his child support obligation. Also, if it is established that the Father is not the biological father, the statute only permits prospective cancellation of child support, not retroactive cancellation. Thus the Father would still owe any back child support.
    Answer Applies to: Florida
    Replied: 3/6/2013
    Hilliard Law
    Hilliard Law | Attorney Martin G. Hilliard
    That was VERY odd that the judge denied the DNA testing. They are sold over the counter these days. Tell him to go buy one and try it out or go to a doctor and have one done professionally. After the results come in, go from there.
    Answer Applies to: Georgia
    Replied: 3/6/2013
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