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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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i was unable to attend child support hearing. i was given a

Customer Question

i was unable to attend child support hearing. i was given a default judgement from the date the child was born until that court date 2009. no dna testing has been adminstered. can challenge this ruling and get my child support arrears reduced?
Submitted: 5 years ago.
Category: Family Law
Expert:  Samuel II replied 5 years ago.

If you are listed on the birth certificate or affidavit of paternity, no DNA test would be necessary. The court is going to use that information.

However, if you want to contest paternity then you would need to Petition the court for that testing. It may be difficult to get an Order, if you are already listed as the Father on the Birth Certificate.

If you are not listed, then I suggest you consider petitioning for Paternity testing. At this point, if you cannot disprove that you are the bio Father, you will not be able to reduce the arrears. However, you may request a modification of the current child support amount.

If you want to try that, you can get the modification forms from the Clerk of the Court where the Child Support has been ordered from