Claremore, OK asked in Family Law and Child Support for Oklahoma

Q: My husband provided 2 DNA tests proving he was not the father & he voluntarily terminated his rights. Still owes to CSS.

My husband did a private DNA test in 2016 and he was not the father. The child was taken into DHS custody in 2018 and my husband was given a 2nd DNA test and it showed once again he wasn’t the father. He voluntarily terminated his rights but because of the acknowledgement of paternity paper he was still obligated to pay child support. Since he has 2 DNa tests proving he isn’t the father and since the HB 2207 went into affect on 11-1-19 should he be able to terminate child support? Im just not sure of the steps that can be taken if any to terminate the child support order.

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1 Lawyer Answer

A: He needs to file a petition to remove himself from the acknowledgement of paternity. We ahem done several of these lately. In some way this is straightforward, but there are some serious pitfalls if you are not careful.

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