Q: The kid ends up not being the father's child but no paterniry dna test was ordered, what can the father do?
The ex-wife cheated and the child ends up not being his but he already has been paying child support for more than 2 years and no paternity dna test was ordered, can anything be done? A new child is on the way that is actually his.
A:
The answer to your question is complicated, and more information is needed.
Generally, a person has 60 days after filing a Voluntary Acknowledgement of Paternity to request that the father’s name be removed from the birth certificate, or more than 60 days if the request is based on fraud, duress or material mistake of fact.
You have one year after filing a Voluntary Acknowledgement of Paternity, or after an order has been entered by the state, to request parentage tests if they were not completed.
If paternity was established by order or judgment, you have one year to petition to set aside the paternity due to mistake, inadvertence, surprise or excusable neglect.
If paternity was established by order or judgment, and you wish to set aside the paternity due to fraud, misrepresentation or conduct of an adverse party, you have one year from your discovery of the fraud, misrepresentation or other misconduct.
Successfully setting aside a paternity determination ends future child support obligations and eliminates any accumulated unpaid support. It does not automatically result in a refund of child support payments already made.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
