Child Support and Paternity

[christina82581]

Hello, my husband has two alleged children from a previous marriage. He has not seen or heard from his ex or the children in 13 years. He was told that neither of the children are his. He has recently been ordered to pay child support in the form of a large sum of money. No back support thank goodness. He requested a DNA test to be done and he was not granted this request. DES stated that since he did not contest not being the father in the divorce, that it did not matter. We are wondering if this is at all legal? Should he be ordered to pay even if he does not know if he is the father for certain? Shouldn't it be his right to know for sure if the children are his or not? How can we fight this if there is a possibility?

 

[Proserpina]

Yes, it's legal.

If Dad wanted to challenge paternity, he should have done so either during the marriage or as part of the divorce.

He is legally the father - biology, at this point, is irrelevant unless and until someone else comes along and petitions to establish paternity (which would, as part of the proceedings, disestablish your husband's paternity during the process).

 

[Duranie]

I am in AZ and what you are being told is absolutely correct. Dad cannot dispute paternity 13 years later and if he had any doubts the kids were his he should have requested a DNA test a long time ago. YHou cannot do anything, this is between Dad and his ex and if mom was on any sort of government assistance, he is going to have alot of money to pay back.

Those kids might be his so curious why Dad has not bothered to pursue any visits? Does he want to pay for kids he never sees? That is what he will be doing.