He saying our kid ain't his, idk if it is but he signed 5 years ago so he is obligated for life, too bad! But now he trying to get court to do a test bc his boo is making him! child support is my only money I get plus food stamps and welfare. If I don't go to the hearing or call into the court meeting what happens? Will I lose my money he sends to my bank? Can I file for child support again if they cut my money off? Also, can I call court and tell them no i don't want no paternal test done. He wrote his name on that paper in hospital when we was married so to late now, right. If I don't call in they take my money away and what about thr arrears he owe me. Will he have to pay that
You are required to do what a judge orders you to do. Otherwise you might suffer consequences beyond simply the loss of your child support. You might go to jail
Just because your ex asked for a paternity test doesn't mean that the judge will order it. Until a judge actually orders the test, you are not required to cooperate with it. It's unclear where you are in the divorce and child support process. It may be too late for your ex to raise the issue of paternity at this point, especially when a DNA test is only one factor in determining the legal father (or mother actually) of a child.
If, in fact, your ex is successful in establishing that he is not the child's legal father, then you will not be able to seek child support at any time in the future.
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I agree with Attorney Harkness, and wanted to add that you cannot just call the court with your response to his request for a paternity test. It has to be in writing, and I would walk it directly to the clerk of the courtroom. Also,if you don't go to the hearing, the court may grant his request simply because the court may interpret that as you not objecting, so definitely go. It is possible that he is too late to contest paternity, but if you are not present and do not object, you may be waiving your right to do so. Good luck.
I agree with the other attorneys that you need to comply with all of the Court's orders, including the order that you cooperate in paternity testing. There are several factors that a Court considers with regard to ongoing child support. If there is a current child support order in place and your ex is the "psychological father" of the child, then the Court can order that child support will continue regardless of the DNA test. It is important that you speak with a family law attorney about your specific situation so you can be properly advised. In any event, failing to comply with a a valid Court order is never in your best interest.
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