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    angelfirez18's Avatar
    angelfirez18 Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 11, 2008, 04:55 PM
    Not the father, still have to pay child support?
    My boyfried has a child support order with his ex girlfriend. A year ago his ex, another guy, and the child took a paternity test and it came out to be the other guys with my boyfriend paying for the test. She doesn't let my boyfriend see the child and he doesn't fight because the boys father is in his life now. He tried to file for his child support case to be dropped and they told him they couldn't accept the paternity test because my boyfriends name wasn't on it and even if he did file the motion they weren't sure the judge would accept it. Can they do this? Is their anyway he can just give up rights to him since he doesn't see him anyway? Its not like he's been in his life for over a year but yet he's still paying the child support.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
    Ultra Member
     
    #2

    Aug 11, 2008, 05:02 PM
    Courts will only accept a court ordered DNA test. What he needs to do is file a petition for a judge to order a DNA test when it comes back that the child is the other guys then the support will be dropped. There is no other way around it he can not get his rights terminated (sign them over) he has to prove not to be the father the sooner the better.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
     
    #3

    Aug 11, 2008, 05:06 PM
    Is he showing HIS test results proving he is NOT the father?

    Whether he gets to see the kid or not is irrelevant to paying child support.
    He needs to find another angle at going about getting the court to recognize he is not the father.
    He needs to get court ordered paternity tests and a good lawyer.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #4

    Aug 12, 2008, 04:03 AM
    How long has been the " father " and paying support? Did he sign the birth certificate? He will need to go to court and ask for a DNA test through the courts and also this other " father " needs to be able to assume the child support for this child.

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