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If a fathers name is on the birth certicate does he still have to pay child support if a DNA test proves he isn't the father?

Harrisburg, PA |

n/a

The father signed paperwork when the child was born saying he was the father and to put his name on the birth certificate. When he went to domestic relations he was offered a dna test before any money changed hands so to say but he waved it saying the child was his.

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Attorney answers 3

Posted

If he acted like the Dad then a later test may not get him out of the acknowledgment.

See a PA attorney on this right away. This is too complex for an online forum like Avvo

Posted

It really depends on the specific facts. The common law presumption is that a child born in a marriage is the child of the husband, yet with the advance of DNA testing some of these presumptions have begun to be turned on their heads.

Is this in a marriage?

Has the man acknowledged the child or has his name been put on the birth certificate by the mom?

Sometimes this is done unilaterally without the knowledge of the man, and, if so, and he can establish that he isn't the Dad through DNA testing, then he probably will not be required to pay support.

The man should have an attorney to represent him.

I am licensed in New Mexico and Pennsylvania, and therefore any discussion of issues related to other states must considered within that context. In addition, my comments are not intended to create a legal representation but merely to respond to the limited facts presented by the question. Any opinion herein is not meant as a precise statement of legal rights or as a recommendation of any particular course of action. A more complete legal review can be obtained through local counsel.

Asker

Posted

The father signed paperwork when the child was born saying he was the father and to put his name on the birth certificate. When he went to domestic relations he was offered a dna test before any money changed hands so to say but he waved it saying the child was his

Norman Antonio Stiteler

Norman Antonio Stiteler

Posted

Looks to me as if the presumption has shifted to the father and he may very well have waived his opportunity to deny non-paternity. This doesn't mean he will pay, only that he should pay.

Asker

Posted

so if i am understanding you right that would mean that any dna test saying he is not the father may only effect the custody of the child and not the child support?

Asker

Posted

and it was not in marriage... i forgot to add that

Norman Antonio Stiteler

Norman Antonio Stiteler

Posted

I can't be positive, you should see a local attorney with all of the facts; but I believe at the very least you have a strong argument that the testing isn't necessary. I am less certain regarding the status of existing tests, that is why you should speak to an attorney.

Posted

From the facts you have presented this gentleman may be estopped from challenging the issue of paternity at this time and will have to continue paying support. Typically if one signs an acknowledgement of paternity, DNA tests are not even offered. Your facts indicate that he was offered testing and rejected it. Make an appointment with an attorney in your county that handles support matters on a regular basis.

Asker

Posted

he acknowledge the child was his from the day she was born. He paid for the dna test that provide other wise. His main concern the since I filed child support and what not was to not have to pay money for anything. Its always been all about money.

Tracy Marie Sheffer

Tracy Marie Sheffer

Posted

My point was that since he acknowledged paternity and waived the DNA test then regardless of the actually biological connection to the child he may have to pay support.

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