If I got a legal DNA test and I'm not the father, do I still have to pay child support? 11 Answers as of January 30, 2014

Do I get any of the money back that I already paid?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
In Arizona this can be a difficult issue. You do not provide enough information for an analysis of your situation. Is there a court order in place requiring you to pay support? Is there a paternity order in place, perhaps because you were served with a petition and order to appear in court, but did not do so? Did you sign an acknowledgment of paternity? Did you sign at the hospital that you are the father, and thus secure your name on the birth certificate? You should consult with an experienced family law attorney in your area to determine your rights and possible liabilities. Be prepared to answer the questions I posed, as the answers will help clarify the situation. I will say it is doubtful you can recover any money paid for support, but discuss that, too.
Answer Applies to: Arizona
Replied: 1/30/2014
John Russo | John Russo
What kind of question is this? Let me ask you this? If you go on trial for murder and the jury finds you innocent will you still go to prison for murder?
Answer Applies to: Rhode Island
Replied: 1/30/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The answer to this largely depends upon how much time has passed prior to determining you were not the biological father.
Answer Applies to: California
Replied: 1/30/2014
Ms. Cheryl Osterberg | Cheryl Osterberg
You can discontinue paying child support, and get reimbursement in some cases. Be sure to go through the proper procedures to do so.
Answer Applies to: Texas
Replied: 1/30/2014
The Law Offices of Tres A. Porter | Tres A. Porter
You should consult with a family law attorney in your area as soon as possible, but in general, you will not be entitled to have any money already paid for child support returned, the issue of whether or not you will continue to have to pay child support depends upon a number of factors that you should review with an experienced family law attorney as soon as possible.
Answer Applies to: California
Replied: 1/30/2014
    The Law Office of James P Peterson
    The Law Office of James P Peterson | James P Peterson
    Your are still the legal father if the birth certificate or the court order says you are. You may be able to have your paternity removed if you act fast.
    Answer Applies to: Texas
    Replied: 1/30/2014
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    The answer depends on what stage of proceedings you are in at court.if you did the DNA test after a final divorce decree or paternity decree, you cannot contest paternity even though factually you can prove you are not the father. To end support, you would have to be legally replaced by another father through adoption or through paternity being established for that father. These can be very complicated matters, so your best bet is to visit with an attorney about your options.
    Answer Applies to: Nebraska
    Replied: 1/30/2014
    Padove Law | Burton A. Padove
    You have to petition the court in order to have the paternity finding set aside.
    Answer Applies to: Indiana
    Replied: 1/30/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You will need to go to court to get the order changed.
    Answer Applies to: Michigan
    Replied: 1/30/2014
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    The info you have provided implies there is a court order in place requiring payment of child support. If that is the case, you need to file pleadings with the court to halt the payments and present the DNA evidence to support the fact that you are not the father. If there is no court order at this time, there is no legal obligation to continue payments. Either way, you will not receive a refund for payments made to date. I suggest you hire a lawyer.
    Answer Applies to: Texas
    Replied: 1/30/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You say legal DNA test. Was it court ordered? If so, you should ask the court to terminate your child support obligation. You may be able to get back some or all of the child support paid from the ex through a separate lawsuit.
    Answer Applies to: Idaho
    Replied: 1/30/2014
Click to View More Answers: