Legal Question in Family Law in North Carolina
Child Support
Is it possible for a child support order to be issued without first establishing paternity, there is no proof that I am the father because my name is not on the birth certificate? However , because I was threatened with legal action I sign the order. This being the case how can I be granted permission for a DNA test because this was not offered to me by the Child Support Agency. Can I get a court ordered test on the grounds that she has told numerous people, including my mother, that the child is not mine.
thank you
1 Answer from Attorneys
Re: Child Support
Yes, I suggest you file a Motion to Modify Child Support, alleging that the changed circumstances are that you now have reason to believe you are not the father, and a Motion for Paternity testing. There are cases where fathers have been ordered to pay child support where they are definitely not the biological father. Usually, to be legal, that is based on some prior written agreement (like a separation agreement) where they agreed to pay support even though they knew that the child was not theirs. However, in your situation, you need to argue that you thought the child(ren) was yours when you consented to the child support order and only later found out that the mother has told people that you are not the father. I am assuming that you were never married to the mother. If you were, there is a presumption that you are the father in most states.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
