Legal Question in Family Law in Ohio

Child support

My husband is divorced from his first wife and they have two kids together he doesn't think the oldest one is his he is paying child support for both we have two kids together also we would like to know if he goes for the d.N.A. Test and it proves the oldest is not his will his payment of child support go down?


Asked on 7/10/09, 11:26 pm

3 Answers from Attorneys

Lisa Pertee The Law Office of Lisa M. Pertee, LLC.

Re: Child support

Because there is already a legal determination of paternity or presumption of paternity if they were married when the child was born, the mother will need to agree or he will need to petition the court for genetic testing.

A termination of child support is not automatic if genetic testing determines that he is not the biological father. He will need to petition the court and ask to have support for that child terminated.

Dis-establishment of paternity can be complicated and you should seek counsel to proceed.

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Answered on 7/11/09, 11:21 am
Dan Guinn Guinn Law Firm, LLC

Re: Child support

Hello,

This situation can be difficult and somewhat complicated, especially since your husband has already been paying child support.

However, it is not impossible and he does have options.

He would have to petition the court to get a genetic test done. However, it is likely that the ex-wife will make things complicated since she is not going to want to lose her child support.

The best advice that I can give you is to get an attorney. I actually have a client right now who is going through something similar. Feel free to contact me for a free consultation. I would love to help in anyway that I can.

Have a great day.

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Answered on 7/11/09, 11:50 am
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Child support

Because your husband has a history of paying child support and acting in the role of parent with the child, terminating child support is not automatic if tests prove that he is not the genetic father. I suggest that he consults an attorney.

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Answered on 7/12/09, 10:21 pm


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