My boyfriend has been battling in court for years on a case with no paternity. Long story short, the mother and he were roommates. She filed for welfare when the child was 6 and said she was forced to name someone as the father. She never told him she was pregnant, plus, he had already moved from the State a year before she even got pregnant. That's why he never received any notice from the court. Service was "unclaimed" and they defaulted him to be the father. Anyway, we finally may get the court to reopen for a test in a couple weeks. She doesn't want a test (either in court or out of court) because she knows he's not the father. She is willing to stop current child support if he signs over his rights. We would also like her to sign something saying she forgives the amount in arrears. None of that amount is due to the State. Question is, is there a form, or a sample letter we can ask her to sign to forgive all the back support?
You will have a very difficult time getting a Judge to agree to anything like that. Although the State may not be providing financial assistance at this time, that could change in the future, which is why a Judge will not accept it. I think going the DNA/paternity route is the only way you will be able to resolve it.
I am in perfect accord with Mr. Manion on this one. The Court will need very good reasons for removing what is now a source of support for the child in question. He will need to positively demonstrate that he is not the father in order to be relieved of this burden. He should have gotten the test a long time ago, but definitely it should be done now.
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I agree with the responses given by counsel -- child support is for the benefit of the child and a court will very likely not agree to waive it (and arrearage amounts) as a potential source of support. I suggest retaining an attorney and attempting to establish that the child is not his through appropriate testing.
My response is for informational purposes only. I urge you to consult with an attorney who, after meeting with you and gathering additional information, will be in the best position to advise you regarding your specific situation.
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