Ask Me Help Desk - Back child support for adult child

Quote:

Originally Posted by caw46

I live in Texas collecting back child support throught a child support collection agency for my two adult children. I admitted years ago to my ex-husband that one of the adult child may not be his but he never took the DNA test and could not get the other man to take the test. This summer I learned about the sibling test and we did the test which stated my two adult children do not have the same father. The father lives in North Carolina and is unwilling to take DNA test, and unwilling to help with college expenses, do not want to be involved with adult child. Is there any thing legally that can be done about this matter?

In NYS if the "child" is an adult, of legal age, no, you cannot force a paternity test. If I understand correctly you thought one of the children was not the child of the person ordered to pay support - if so and that person decides to move against you for the return of the support it could happen in NYS. Don't know about Texas. I am aware of a case in which statements were taken from family members, the mother expressed concerns about paternity but collected from the wrong person anyway and was ordered to repay - to the "father" - the entire amount of support. Her hands were tied as far as collecting back payments from the "real father" because she had the option of straightening the situation out years before and chose not to do so.