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gina kelley
Feb 4, 2016, 01:48 AM
My daughter is 11and I need child support from her father. He will not willingly take a DNA test to prove it. What do I do?

kcomissiong
Feb 4, 2016, 02:46 AM
You file with family court or the division of child support enforcement (whichever oversees child support distribution in your area) to establish a support order. As a part of that support order, paternity will have to be established. Generally if he refuses to appear and be tested, he will be found to be the father by default, and a support order will be entered. A quick online search can direct you to the correct agency for your area.

Fr_Chuck
Feb 4, 2016, 04:46 AM
You file in court, get a court order to force him to take the DNA test, and then go to court to get a court order for support.

With that said, it can takes months to get the DNA test, Months to get into court for a judgement of support, and then he may refuse to pay anyway, So you need to budget and find other money till you can get him to pay.

ScottGem
Feb 4, 2016, 07:26 AM
Are you on public assistance? If so, the state has a vested interest and you should talk to your case worker. I'm wondering why you waited so long. That might work against you.

But the bottom line is he can refuse your requests for testing he can't refuse a court's. So you need to file in your local family court for child support. The court will issue a subpoena for him to submit to DNA testing. If he refuses the court subpoena, he could be arrested or be declared the father by default.

Once he is identified as the father, the court will hold a hearing to establish support. If he continues to refuse to participate, the court will award you support by default. But then comes the hardest part, collecting. If he refuses to pay and can hide his income, it will be very hard to collect.

AK lawyer
Feb 5, 2016, 11:34 AM
... But then comes the hardest part, collecting. If he refuses to pay and can hide his income, it will be very hard to collect.

However CS is a lot easier to collect than most other types of judgment. Under certain circumstances he can be thrown in jail if he fails to pay.