Can a man, after paying child support for 6 years, legally ask for a paternity test?

Question

A friend of mine, her and her husband are being sued by his ex wife for an increase in child support. We think that it might help if he asked because he has had doubts before and we want to help as much as we can.

Answer 1

Yes he can, but it may not affect the outcome of the proceedings. Non-custodial parents have on many occasions, despite not being the genetic parent of the child, been ordered to pay child support. If you treat the child as your own, you take on the responsibilities of parenthood, even if you are not the genetic parent. This comes about because the court considers, aside from basic fairness, the best interests of the child.

Answer 2

Kinda late but yes he can. That stated, judges have been known to order support payments even if the child ISN'T his...............

Answer 3

Yeah, he can. At any point, new information could show up to cause doubt, so they dont put a  time limit on it.

Answer 4

In most states, if the parents were married when the child was born, then the law precludes a denia of parentage.  Even if he is not the biological parent, the law in those states holds that he is the parent.  If they were not married when the child was born, or if he is in one of the states that does allow the contest, then he can indeed object to child support on grounds of lack of parentage.

Answer 5

It depends on the state.  I know that in New Hampshire the father has to sign a document waiving his right to a paternity test - or actually take a paternity test- before his name is allowed on the birth certificate and before the mother can seek child support.

I would call a local lawyer and ask.  They would be able to give you the most accurate answer.

Good luck!

Answer 6

well it happened on the news and i think you can help by suing his ex wife for suing her the put her in jail then tell her to never come back

Answer 7

He can request one. But most states have limits on acting upon it, especially if the child was born in wedlock. Best he check the laws within his state... He might also want to remember that the child will be old enough to know what is going on.

Answer 8

If you live in the US, in most states (with the exception of very, very few) if you fail to request a paternity test during the divorce proceedings (and you refer to her as his ex-wife, so obviously they were married) you are barred from requesting one at a later date.

Answer 9

d**n right. Millions have been tricked and worked for years because of such dirty tricks. It is tough but women who do this should received the most severe punishment possible. it should be a capital offense.  

Answer 10

Yes, he can.  And should.

As for you being able to help, there's not much you can do since this is between the husband, new wife, and the ex.

Answer 11

Yes he can legally ask for a paternity test. If it turns out that its not his child then he wont have to pay anything anymore also i think theres a chance that he might be able to get some of the money back as well. He really should have gotten a test the first time he had doubts.

Answer 12

he is entitled to ask and get one. BUT....

No matter the outcome of the test he will be required to pay.  The child is more the likely old enough to have established some form of a relationship with this man. Therefore if the child see him as a father the law will too,  even if there is not a relationship most courts will side in favor of child support.  The reasoning behind it is kind of sad. Basically these are OLD laws and are there so that the state/country will not have to support children of unwed mothers. Better just some random guy then the taxpayers.  At least that is the reasoning.  Ladies who tell the men that they are the father even though they know there could be a chance that they are not are actually committing something called paternity fraud. (not saying this woman intentionally did this, but i just believe in honesty) In most states if a man does not disestablish his paternity within a year of the birth of the child (less then that in some states) then he is legally deemed the father of the child, regardless of subsequent DNA tests.  

Believe me when i say that i am pretty sure about my laws across the country on this one and have personal experiences with lives completely being ruined by these kind of situations.  So have him put some though into this before he does it, it will not change his situation financially, but it could be a completely heartbreaking life changing event.  He really need to weigh his options.