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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My husband was recently served with an establishment for paternity

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My husband was recently served with an establishment for paternity and child support. The child in question is 15. A DNA test was done 7 years ago and nothing was ever done. IN the complaint it says the child has been recieving child support services since birth. Does that mean there was another father in the picture. Also they are asking for 3 years of back pay. How can they ask for these things when they are only trying to establish now. He feels cheated #1 and also what is the legality of this as he was 16 at the time and the mother was 25?
Thank you for your question.

I am a bit confused. Was paternity ever established? Was he listed on the birth certificate as the father? You stated that a DNA test took place 7 years ago. Did it show your spouse as the biological father? Do you know if someone else was listed on the birth certificate as the father?
Customer: replied 5 years ago.
No Paternity was never established. They are asking he be judged the father based on the DNA test that shows a 99% probablity. He was never informed of the results and no we do not know if someone else is listed, They want to do an amended birth certificate also. The mother has recieved CSS benefits since the birth of the child however.
Thank you for your follow-up, Holly. My apologies on the delay, I went offline to get some rest.

To respond directly, I would first suggest you try to obtain a copy of the current birth certificate. If someone is listed there, then it is THEIR child, not your husband's, because legally the other person was listed far longer and your husband was even unaware of the child being his. Even if the paternity test came back with probability, what governs is who is listed in the birth certificate as the father because that is the person who is considered the lawful parent, not who is biologically related (in some ways consider this as akin to a situation with an adoption).

Second and more importantly, file a petition denying both the petition for paternity by pointing to notice. If he has been the child's father for so long but was never notified, he is no longer responsible because the other parent only has a limited time during which to make her claim. It is also impossible fo rher to legitimately demand 'past' support if your spouse was unaware or not listed on the certificate because even if all goes badly and he is made the father by court order, his requirements to pay kick in from the DATE of court order, not from a past date. I would very strongly suggest you invest into an attorney in this case, this is a situation that is beatable for your spouse.

Good luck.

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