Legal Question in Family Law in Minnesota

Me and my ex split in december of 09 and had a verble agreement of three hundred a month and i had our child three days a week and now she tells me that there is a large chance that the child is not mine and is wants a dna test and did not let me have her last week but still wants me to pay her support. there is no written agreement or court order so my question is should i still pay her or wait for test results.

Asked on 7/21/11, 4:14 pm

1 Answer from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

If there is no court order, then you have no obligation to make any payments. Whether or not you should continue to make payments cannot reasonably be answered in this forum, since that depends on a variety of "strategic" and moral judgments about which I cannot provide advice without more facts. The paternity question could be rather complicated. As a general rule, you would be the "presumed father" of the child, since it was born during your marriage. It is possible to contest paternity, depending on the age of the child, when you learned of the paternity issue, and a number of other factors. That issue can be very complicated to resolve. You need to promptly discuss this with a lawyer in more detail, since time is working "against" you on this issue. Feel free to call if you have additional questions. 612.234.2116.

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Answered on 7/22/11, 9:19 am

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