my ex husband has been paying child support for our 2 children for a year now. he now says he is going to stop the child support payments untill he gets a paternity test. can he do that? he lives in a different state. what are the odds of this heppening?
If you have a Final Order in hand and a wage withholding order that mandates Dad to pay child support, then he is obligated until further orders of the Court.
Since you said he is your "ex husband", I assume that the dissolution action included an order of child support. The support ordered becomes a judgment against him every month, if he does not pay it, until it is changed by a later court order.
Only a court can order you to go through with genetic testing, so it's up to him to seek such a court order. Whether he will be able to get such a court order may well be affected by the children's ages. If he signed the paternity affidavit at the hospital when the children were born, and more than 4 years have passed, he probably will not be allowed to challenge paternity by seeking testing. If he files a court motion to do so, you should consult an attorney to challenge it.
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You have gotten good responses. I am writing to add that while you don't relate how old your children are, if the youngest is at least 24 months old it is too late for your ex to ask for paternity testing in WA. Also, if you are divorced, then a court entered findings and conclusions stating there are two children of the marriage, and if your ex did not appeal those findings, he cannot bring it up sua sponte a year later.
If he quits paying support - for whatever reason - you can ask the Court to find him in contempt for failing to pay support. Hope this helps. Elizabeth Powell
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