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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a lady who is asking me to take a paternity test 17

Customer Question

I have a lady who is asking me to take a paternity test for her 17 year old daughter. She says I might be a potential father. How should I proceed with this, and is there any way she can go back 17 years and get child support?
Submitted: 10 months ago.
Category: Family Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. At this point, someone in your situation may wish to decline the DNA test.

She has the right to go to court and request a paternity suit, in which case the Court can order you to take the test. However, the onus would be on her to file this request. Why voluntarily submit and make it easy for her?

She can file for a paternity suit up to the child being 23 years of age.

Under Ohio Revised Code 3111.13, the parent cannot ask for child support if (a) the child is 3 years of age or older at the time paternity is requested and (b) prior to the filing, the alleged father had no knowledge and could not reasonably have known of his alleged paternity for the child. So if the court believes both of these are true, even if one is the father, no retroactive child support should be granted.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Customer: replied 10 months ago.
Does the Ohio code mirror the codes in oregon for the basis on child support?
Expert:  Ely replied 10 months ago.

Oh gosh, I am so sorry - I thought this was in OHIO. Please give me a second to amend my Answer.

Customer: replied 10 months ago.
No problem, I could have chosen the wrong state by accident. Not sure at this point. I would like to call, but at this time I'm at work.
Expert:  Ely replied 10 months ago.

My apologies again for the miscommunication. See below, adjusted for Oregon.

She has the right to go to court and request a paternity suit, in which case the Court can order you to take the test. However, the onus would be on her to file this request. Why voluntarily submit and make it easy for her?

There is no time limitation for establishing paternity in the State of Oregon. But since child support may be paid up to 21, in theory, 21 is the practical cut off date.

"Support may be ordered from the date of birth, ORS 109.155 (4), although as a practical matter, most courts will not assess support for periods of time when the parents cohabited. On paternity actions commenced administratively, support may be set back to the date of a parent’s last application for state child support program services, or the last referral to the child support program from the public welfare agency. ORS 416.422. This obligation is known as “past support.” See also OAR(###) ###-####" Source HERE.

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Customer: replied 10 months ago.
She is not asking or wanting child support so she says. She is requesting a dna home test to avoid any legal actions on child support. Thoughts?
Expert:  Ely replied 10 months ago.

Frankly speaking, that is malarkey. The only non-sentimental reason why she would want a DNA test is to see if you are the father.... for child support purposes.

She may not know how to file for paternity, and/or that an informal test carries no authority and must be done via a court order to count. Someone in your situation may wish not to correct any of her misconceptions, and refuse any test anyhow.

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Customer: replied 10 months ago.
Agreed, on that note, a court order test I have to take correct?
Expert:  Ely replied 10 months ago.

Yes. Otherwise, she can't make you and even if you agree, an informal test (not court order) carries no weight before the Court unless you agree not to challenge said informal test's results.

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Customer: replied 10 months ago.
I could play into the non court order, and if she tries to proceed with support, I could challenge the results and force her to go thorough the court?
Expert:  Ely replied 10 months ago.

Right. But if you test positive, then this may embolden her to actually file. Once the Court confirms the match with a second, sanctioned test, you are on the hook.

By completely denying any informal test, she may be at a loss as to what to do next, or, disheartened enough to drop the matter.

It is your decision, of course.

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Customer: replied 10 months ago.
Will the fact I had no idea this cold even existed until about 2 months ago carry any weight?
Expert:  Ely replied 10 months ago.

Not really; sorry.

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Customer: replied 10 months ago.
Sorry *child not cold
Expert:  Ely replied 10 months ago.

I understood the intended meaning from the context. No, it makes no difference.

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Customer: replied 10 months ago.
If I could convince her to give me something in writing stating that she releases me from any financial obligation, would that hold up in court?
Expert:  Ely replied 10 months ago.

This is up to the Court. The Court can choose to enforce or not to enforce a voluntary, informal child support agreement. So this would be a risk, as there may be a chance that it does not hold up.

Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 10 months ago.
Hello again. I am checking in because you have not rated positively. To me this means you may have another question. Please let me know – I am simply touching base. Thanks!

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