If my husband were to get a DNA test to provea child is not biologically his, would he still be liable to pay any accumulated back child support?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband were to get a DNA test to provea child is not biologically his, would he still be liable to pay any accumulated back child support?
My husband has received information to believe a child claimed to be his, is not truely his. The child is 12 years old.
Asked on December 20, 2011 under Family Law, Kansas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is entirely possible that if your husband can prove through DNA testing that a child is not biologically his he might not be responsonsible for paying future child support payments. As to payments that he may have paid, most likely by statute he would not be entitled to reimbursement.
A significant issue is if he was ever married to the woman during the period that the child he claims is not his was conceived, your husband per statute might still be responsible to pay child support payments even if he proves that the child is not his own.
I suggest that your husband consult further with a family law attorney on the subject you are writing about.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.