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Can I get a paternity test after child support is ordered and being paid?

Hoffman Estates, IL |

I have a feeling the baby may not be mine. He is 2 1/2 years old. His mother left me for her ex after he was born but I felt he was my son. Now im not so sure.

Attorney Answers 3

Posted

You can certainly try to seek a court ordered DNA test or perform a home version, but that is probably not going to affect a previous final determination of paternity unless the ex steps up to claim he is the father. You treat him as your son. Continue to do so.

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Posted

So, you've never had a paternity test but are ordered to pay support. That means you either 1) signed the Voluntary Acknowledgment of Parentage (admitting you're the father) when the child was born or 2) admitted in court that you're the father.

Assuming either #1 happened more than 60 days ago or #2 happened more than 30 days ago, you're stuck. So, CONGRATULATIONS! You're the father! Even if you do a DNA test (you can pick one up at your local drug store) and find that you're not the father, biologically, you'll still be the father legally -- and in court, that's all that matters.

If #1 or #2 happened within the time frames mentioned, above, there's still a way out. Otherwise, congratulations!

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5 comments

Asker

Posted

Well when he was born I obviously was under the impression that he is my son. How can that be held against me? That's not fair

Gary L. Schlesinger

Gary L. Schlesinger

Posted

fair has nothing to do with it. law does. if you signed the voluntary acknowledgement at the birth, then you admitted you were the dad. you had 60 days to contest that. you did not. or a judge determined you were the dad. you had thirty days to contest that. you did not. you cannot have unlimited time to change your mind about paternity.

Asker

Posted

They don't tell you that. How can they expect me to know these things? So wouldn't it be fair for them to say that? Which brings me back to not being fair.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

they do tell you. it is on the voluntary acknowledgment form. it says you have 60 days to contest it. did you not read it before you signed it? the law is that if you do not like a final court order, you have 30 days to appeal. you may not have been told that by the judge or the other lawyer. that is why you should have had your own lawyer. again, fair has nothing to do with it. there is a wonderful county fair in grayslake every july. go there for fair.

Asker

Posted

When the baby is born or at court? Yeah well if I knew I would have. Love the sarcasm

Posted

Wes nailed this one. Follow his advice.

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