What information should be provided in a Motion to Dismiss after a paternity test shows the alleged father is not the biological father? 6 Answers as of March 10, 2014

The mother and alleged father were not married. A stipulation was granted on February 6, 2014 granting the mother $600 child support and requiring a legal paternity test. The child is 20 months old and the couple have not been together since the child was 16 months. The couple had separated before the mother announced her pregnancy. The mother induced labor early, presumably to make the dates appear legitimate. After the final separation, the mother stated he could not see the child until he paid her. At the stipulation hearing when the father requested a paternity test, the mother stated I hope this child isn't yours. It appears this was deliberate fraud on the part of the mother but the immediate concern is getting the child support stopped. Would like to know what are the key points to make in the Motion to Dismiss?

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Atticus Family Law
Atticus Family Law | Matthew Ludt
In my experience a DNA test demonstrating with 99+% confidence that the man is not the father of the child is so persuasive in rebutting any other presumption of paternity under law that little else is needed to demonstrate non-paternity and thus terminate any child support obligation for that child.
Answer Applies to: Minnesota
Replied: 3/10/2014
John Russo | John Russo
If you stiped you agreed, courts make orders, party's stipulate. The court could not enter a child support order without more, i.e. your name on the birth certificate. So you either agreed or your name was the birth record. In any event you need to file a motion to vacate the stipulation, and a motion to dismiss the underlining paternity petition. The reason the test result.
Answer Applies to: Rhode Island
Replied: 3/4/2014
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Only one - case should be dismissed since you're not the father. Any order for child support should be stricken and any garnishment actions reversed.
Answer Applies to: Washington
Replied: 3/4/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Attach a copy of the lab test showing that he is not the father.
Answer Applies to: Idaho
Replied: 3/4/2014
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
All of the points addressed in your question plus an authenticated copy of the DNA test results and the testing lab's CV.
Answer Applies to: California
Replied: 3/4/2014
    Diane l. Berger | Diane L. Berger
    The key and really only point is that the presumed father is not in fact the biological father.
    Answer Applies to: Nebraska
    Replied: 3/4/2014
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