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Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42919
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My partner is going through a divorce with his ex-wife. They

Customer Question

My partner is going through a divorce with his ex-wife. They have a child together. However, the paternity is questionable. As part of the divorce should he ask for the paternity test? What are the implications of not getting one? Can his ex-wife hold up the divorce if the paternity is questioned.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: New South Wales
JA: Has anything been filed or reported?
Customer: Yes the initial papers have been filed
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's all I know.
Submitted: 3 months ago.
Category: Australia Law
Expert:  Leon replied 3 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand I am very limited on what I can tell you and that you may have to get more detailed advice.

Customer: replied 3 months ago.
I just need to get a basic understanding of what will happen if he doesn't question the paternity now?
Expert:  Leon replied 3 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand I am very limited on what I can tell you and that you may have to get more detailed advice.

The paternity test would not be part of the divorce application but part of the application for where the children live.

The divorce is not connected with the children. If they have been separated for 12 months they can apply for the divorce.

Provided the children are spending time with both of them there is no issue. The paternity will play a larger role in any child support to be paid and this is not dealt with by the court. If she is refusing to have a paternity test your partner needs to seek a court order for it to be done.

I hope this makes sense and is of assistance. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Expert:  Leon replied 3 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand I am very limited on what I can tell you and that you may have to get more detailed advice.

The paternity test would not be part of the divorce application but part of the application for where the children live.

The divorce is not connected with the children. If they have been separated for 12 months they can apply for the divorce.

Provided the children are spending time with both of them there is no issue. The paternity will play a larger role in any child support to be paid and this is not dealt with by the court. If she is refusing to have a paternity test your partner needs to seek a court order for it to be done.

I hope this makes sense and is of assistance. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 3 months ago.
Can I just clarify that when the divorce comes through he can then ask for the paternity test for the child support?
Customer: replied 3 months ago.
My concern is that she will hold the divorce up if the paternity is questioned now.
Expert:  Leon replied 3 months ago.

Good Afternoon

No the divorce forms do not deal with that.

If she is refusing then there has to be a separate application in the court.

He would be questioning the paternity of the child and would seek the test.

He can have the 2 filed together and the court can deal with both.