Portland, OR asked in Family Law, Tax Law and Child Support for Oregon

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.

1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
  • Beaverton, OR
  • Licensed in Oregon

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.

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