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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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I got divorced 9 years ago.Supose that i got a paternity test

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I got divorced 9 years ago.Supose that i got a paternity test on both kids and neither one was mine even though ive been paying child support for both.What options do i have if any?
Submitted: 7 years ago.
Category: Family Law
Expert:  Dave Kennett replied 7 years ago.

Dear JACUSTOMER - If the children were born during the marriage they are presumed to be yours and if nothing was contested at the time they were born you would not be able to get the court to "bastardize" the children at this late date. If you are having problems with visitation you can file a motion for contempt with the court but you will not be able to relieve yourself of the child support.


Dave Kennett

Customer: replied 7 years ago.
At the time of the divorce i requested a paternity test and the judge denied it.My attourney failed to file a motion.Does that make any difference?My intentions are not to bastardise the children.
Expert:  Dave Kennett replied 7 years ago.

I understand but that would be the effect of a finding that you are not the father and since the children were born during the marriage they were legally your kids. I have no idea why your attorney didn't file a motion at the time but if you didn't address the issue then it would be too late now to even sue the attorney for malpractice.


If you had contested the issue of paternity at the time of the birth of the children they you may have had a chance at avoiding the responsibility but nine years after a divorce is too late in any jurisdiction for you to have a chance. The courts would just view this as an attempt to avoid child support and will not entertain the motion.



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