Q: Default child support order and paternity uncertainty in Texas.
I was put on child support by default without being informed about any court proceedings, and I'm unsure if the child is biologically mine. How can I address this situation, contest the child support order, and request a paternity test?
A: You need to challenge the court order entered without notice to you. The best method for such a challenge depends upon the procedural facts of your case. You need to consult an attorney experienced in both family law and appellate law as soon as possible because all of your available remedies have time-sensitive deadlines which depend on the date of the order putting you on child support and the date you first became aware that such an order was entered.
A:
If you were placed on child support in Texas through a default order and were never properly notified of the court hearing, you have the right to challenge it. Your first step is to file a motion to set aside the default judgment, explaining that you were not given proper notice and want to contest both the order and paternity. Timing is important—Texas courts have strict deadlines for when these motions must be filed, so act as soon as possible.
Along with your motion, request a court-ordered paternity test to confirm whether or not you are the biological father. The court will review your request and, if granted, order DNA testing. If the results show you are not the father and you were wrongly identified, the court can terminate the child support order and remove legal paternity. However, if too much time has passed since the order was entered or if you signed an acknowledgment of paternity, it may be harder to undo.
You have a right to know the truth and to be part of a fair legal process. Keep copies of everything you file and follow up closely with the court clerk to make sure your paperwork is accepted. It may feel overwhelming, but taking this step now could save you from years of financial and legal confusion. You deserve clear answers and a chance to speak for yourself.
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