QUESTION
Can DES do a DNA test without my knowledge or consent?
Asked on Dec 16th, 2012 on Divorce - Texas
More details to this question:
My exhusband has stopped paying childsupport for our daughter because he claims that DES stopped because they are having us do a DNA test. However, I was not informed of this in any way. We were married once before in 2001 and the marriage was annulled. However, it was court ordered for him to pay child support he never paid. He owes about 10 years of back child support. We unfortunately got back together 3 yrs ago and remarried. It is court ordered to pay child support but stopped because he said DES stopped it. I called child support enforcement last week and they did not inform me of this. Our daughter was conceived the first time were married. I would think that DES would have to have a reason for doing a DNA test. Their not going to pick someone at random and say we're going to do a DNA test on them.
3 ANSWERS
3 Awards
That's a complicated situation. You would have to file support enforcement proceedings against someone you have now remarried and share a home with? You really need to go to the Family Division, see a counselor and look at the file to learn what is actually going on. Or, hire a lawyer to do it for you. As far as the testing, the Family Division can do mouth swabs on a reputed father if paternity is an issue, but the story sounds suspicious to me. Normally, DNA testing is difficult to get retroactively, is generally done only by court order, and is usually initiated by one of the parties, not the Family Division.
Answered on Dec 18th, 2012 at 6:33 AM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
I think your ex-husband is blowing smoke. If he does not think that he is the father, he can ask the court to order a DNA test. The way to prove the lie is to ask the court to hold him in contempt for not paying the child support. If he has the ability to pay, a court will likely hold him in contempt. If he is unemployed, the court will probably not hold him in contempt because he does not have the ability to pay.
Answered on Dec 18th, 2012 at 5:47 AM
Divorce Attorney serving Frisco, TX
at
Mackoy, Hernandez, Jones and Woods LLP
Update Your Profile
DNA testing requires both parents and the child to give samples. Without your participation, there cannot be a complete test. I suggest you hire a lawyer.
Answered on Dec 18th, 2012 at 5:46 AM