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?

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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.


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