QUESTION
If the mother denies a paternity test does the accused father have to pay child support?
Asked on Oct 16th, 2012 on Child Custody - Louisiana
More details to this question:
My boyfriend's ex had a baby and will not agree to a paternity test. My boyfriend is pushing the issue yet she refuses to submit any DNA from the child in question.
12 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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File a paternity case.
Answered on Oct 23rd, 2012 at 8:15 PM
Your boyfriend can bring what is known as a Filiation Proceeding (ORS 109.124) to establish paternity (or non-paternity). In a filiation action the court can order the mother to make the child available for DNA testing, usually done as a cheek swab.
Answered on Oct 19th, 2012 at 8:59 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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The only way he can force a test is to file for paternity himself and ask the court to order the test.
Answered on Oct 18th, 2012 at 11:31 AM
Family Attorney serving Seattle, WA
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The Law Office of Kate M. Forrest, PLLC
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Depending on the circumstances, your boyfriend may be a "presumed parent" - which is fully legal parental status unless proven otherwise - or he may have no obligation at all. If they were never married, the mother would have to have DCS or the court open a parentage case to establish paternity and collect child support, and the court would almost certainly order genetic testing-there are exceptions, for instance if the child is over 2 years old and the alleged father held out the child as his own for that time period, but from your question it doesn't sound like that's the case. If they were married or he signed the birth certificate or a paternity affidavit, or if he gets a notice from DCS that there has been a finding of financial responsibility, he could also petition the court for an adjudication of parentage and get a court order for the DNA.
Answered on Oct 18th, 2012 at 11:31 AM
Your boyfriend needs obtain a court order for a paternity test. Good luck
Answered on Oct 18th, 2012 at 11:30 AM
Michael Paul Vollandt
If she alleges he is the father then he has the right to DNA testing. If she refused I think the court could make an order for the testing and if she still refuses they could file a contempt of court against yer. Also, if she refuses then he may have a defense to paying child support.
Answered on Oct 18th, 2012 at 11:29 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Your boyfriend needs to get to a lawyer. The longer he delays, the less likely the court will be to stop the support even if he is not the father. He is either now the admitted father (by putting his name on the birth certificate) or the putative father (by unopposed affidavit to the child support enforcement administration. This is an advanced level of law practice and your boyfriend will almost certainly need a lawyer to assist him.
Answered on Oct 17th, 2012 at 4:18 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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He needs to begin a paternity case to have himself determined to be the father. A court can order paternity tests. Until there is a judicial determination of paternity and a court order for child support he doesn't have to pay anything, but if he is found to be the father a judge can order him to pay child support retroactive to birth.
Answered on Oct 17th, 2012 at 4:15 PM
If he is not the father, then he does not owe child support. He can file an action with the court to determine paternity, or he can wait for her to do so. If he is the father, his child support obligation will be back-dated to the child's birth (depending on how long she waits to file for support), so it is probably a good idea for him to set aside money every month so that if he is determined to be the father, he does not have a significant arrearage assessed.
Answered on Oct 17th, 2012 at 4:15 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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She can be court ordered to get the DNA testing and if she does not comply, there would be no child support ordered.
Answered on Oct 17th, 2012 at 4:15 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Boyfriend should file a paternity action and demand a paternity test. He's entitled to get one before the court can order he's the father and make him pay support.
Answered on Oct 17th, 2012 at 4:13 PM
1 Award
He does not have to pay child support until it is proven that he is the father.
Answered on Oct 17th, 2012 at 4:12 PM