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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16379
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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My son married an young lady thinking it was his child , they

Customer Question

My son married an young lady thinking it was his child , they got divorced he was paying child support for five years and he got blood wor (DNA) find out that was not his child. The young refuse to take him off child support seeing it not his child. As his mother can we do to get child support stop. I'm looking to get lawyer but what is your at suggestion on this situation. But my son has moved to Corpus Christi,Texas we need help to receive his money back (STOP support payment seeing that not his child the young lady knowing all time it wasn't his child. HELP
Mrs. Vicki Davis Jones
Mr. ***** *****
Submitted: 2 years ago.
Category: Family Law
Expert:  Legalease replied 2 years ago.
Hello there --
A DNA test showing that a man is not the father of a child is not always enough for the law to set aside his obligation as the father of the child and his obligation to pay child support. You see, in many states if you are married to the mother of the child, sign the birth certificate and do not request a FORMAL DNA test (informal home tests are not admissible) through a family court by the child's second or fourth birthday (depending upon the state) then even if it is later shown through a DNA test that a man is not the biological father of the child, the court will name him as the father in fact of the child and continue to order child support payments be made until the child reaches the age of majority in that particular state.
Unfortunately, even if the man can prove with witnesses that the mother of the child knew the child was not his and lied about it, the family courts will refuse to hear such testimony once a birth certificate has been signed and a man has been paying child support for a few years of the child's life.
There are a SMALL handful of states where a man can petition the family court for a formal DNA test conducted through the court right up until the child is 18 years of age, whether the man signed the birth certificate or not. Alabama is one of the states, and there are three or four other states. However, unless the child was born in one of these few states and the family lived in that state at the time the test is requested of the court, then the man will not have luck getting a court order for a formal DNA test. For example, in California, Texas and Illinois, the time limit is 4 years of age -- in Massachusetts and Pennsylvania, the time limit is 2 years of age.
You stated in your question that your son is moving back to Texas. Unfortunately, if the birth certificate was signed more than four years ago, Texas will not permit the paternity case to be reopened and reheard in their courts and he is stuck paying child support. If he was living in one of the states where a case can be brought to the age of 18 then please let me know WHERE he and the mother and child were living and I can tell you if there is any possibility that he might be able to bring a case in the family court or not.
I am sorry to have to be the one to tell you this and I AGREE that is is UNFAIR and RIDICULOUS to make a man pay for a child that is proven through DNA testing NOT to be his child. No matter how old the child is and how it came about that the man signed the birth certificate. I actually worked on a case that we pursued to the Pennsylvania Supreme Court where a married man signed the birth certificate of a child he believed was his own. When the child was 7 years old, it was revealed that the child belonged to his wife's lover whom she had been living with before the marriage and who she took up with again when the child was 4. Apparently, the wife was also having an affair during the marriage and the child did not belong to this poor man. The man was still ordered to pay child support until the child turned 18 years of age because he did not bring the case to the court before the child;s fourth birthday -- and the court did not care that this man did not know that his wife was unfaithful and he did not know that the child was not his until the childs sixth birthday -- the court continued to make him pay child support and when he refused, the court put him in jail. This poor man, with my help and the help of another attorney, fought the case all the way to the PA Supreme Court because it was so unfair to him. The Court found that the interests of the CHILD were the most important interests and once the child knew a certain person as their father then the CHILD was entitled to continue in that belief unless the man could get a case files under the deadline date set for challenging a paternity action in the state.
Please let me know if you have any further questions. If not, can you please press a positive rating below so I will be paid for my time. I am not given any credit at all for assisting you tonight unless you press a positive rating below. THANK YOU VERY MUCH