Can child support be awarded before the results of a DNA test are known?

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Can child support be awarded before the results of a DNA test are known?

I’m being divorced and my husband is denying that he’s my 15 month-old’s dad; he is requesting a DNA test. He abandoned my son and I shortly after I gave birth and has provided no help. We have been married 6 years and my son has his last name. Will my husband be made to pay child support at the temporary hearing or do you think the court will wait for the DNA test to come back? Also, DHS has entered as a party in our divorce because of the length of time that he’s been dragging the divorce out. Will I receive back support, due to documentation proving he has been absent and I’ve been receiving state help since my son’s birth?

Asked on March 18, 2011 under Family Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  There is a general assumption that a child born during a marriage is the child of the parties to the marriage.  So I believe that the court can in fact set a temporary child support amount to be paid until such time as parentage is proved otherwise.  The State will also ask that they be repaid for the assistance that they have provided to you if there is a means to repay it.  If there is a chance that your son has a different Father then you should think about establishing paternity for support with the other gentleman.  You will need help in raising your son and you need to explore all of your options.  Good luck to you.


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