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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116703
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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The baby is 29 years old now. court wants me to pay back

Customer Question

the baby is 29 years old now. court wants me to pay back support. I wont a test to see if he is my son. court says no, just pay. do I have a right to have a test to see if he is my son.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, there is no statute of limitations on child support arrears in PA or CA, which means that if you are the father, you are liable for payment of support for the child. The fact that the child is now 29 does not preclude you from being liable for the support. The only way to get relieved of the support, would be if the mother would agree to waive the arrears or if you can negotiate to pay her off lump sum for less than you owe and she agrees to accept that and waive any balance. Aside from those two options, I am afraid that legally they can continue to collect.

As far as challenging paternity, you would have had to have filed suit to challenge paternity BEFORE the child turned 18 in PA. See: 23 Pa.C.S. 4343. Because she moved the child from CA to PA and the child became a resident of PA, the PA courts would have jurisdiction even though the child was born in CA where you both lived at the time of the birth.

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