Why is it his responsibility to pay back support when he had not a clue! and shouldn't he be getting visitation with now paying support?

If he is ordered to pay support he will most likely be granted visitation.

If he is the father (positive DNA test) he can be required to pay back support up to 5 years. If he wants to see the kid he needs to ask the court for a parenting plan.

I don't think that he can be made to pay back support. He needs to file a counterclaim to get visitation.

In fairness, paternity and child support for children born out of wedlock is a no-win situation from any perspective. The way the law works in Utah is that the biological father of a child is responsible for the financial support of that child, even if he's not aware that he is the father of that child, even if the fact that he is the father is known to the mother and hidden from him by the mother. Now there are some exceptions to this rule. For example, if a woman who is married and has an affair with another man who gets her pregnant, then the child is considered to be "issue" of the marriage, and the husband will be responsible for the financial support of the child unless he goes to court to challenge the paternity of the child. What's weird about this however, is that if the husband does not suspect the child is not his offspring, and let's say for this example the financially supports the child voluntarily for a period of three years, before he begins to suspect that this child is not biologically his, not only does the child get the benefit of the husband's financial support, but the mother of the child and then sue the biological father and collect three years of child support for this child again. So to give you a short answer to your question, if your brother fathered a child, then he is responsible for that child's financial support support, period. The only way for him to avoid responsibility of financial support is if his parental rights are terminated. The only way to terminate parental rights is to a court action either for just the termination of parental rights or for termination of parental rights to an adoption proceeding. I know the next question you're going to ask is: how does my brother sign away his parental rights? The answer is: he can't. the only way to terminate parental rights is to file an action for termination of parental rights and/or for termination of parental rights through adoption. Biological parents cannot simply "sign away" their rights to a child by signing a contract or an agreement to give up parental rights.