My husband had his checks garnished automatically about three years ago for a child he never meet he was not given an opprtunity to get a paternity test due to the court saying we were served papers which we never received. The child is know 18 and is willing to take a paternity test can this be used against us can they go back and charge us for the years prior to the three years we paid?

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Originally Posted by zaida45

My husband had his checks garnished automatically about three years ago for a child he never meet he was not given an opprtunity to get a paternity test due to the court saying we were served papers which we never recieved. The child is know 18 and is willing to take a paternity test can this be used against us can they go back and charge us for the years prior to the three years we paid?

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I trust someone will move this question, which was piggybacked.

Something is not right here - your husband was determined to be the father of an out of wedlock child without DNA testing and did nothing for three years? I don't understand that the child is now "willing" to take the test - it was never the child's decision.

No, these Orders are retroactive (in some States) to the filing date but not before that. He does not owe for a time which was not addressed by the complaint and which is prior to the date the mother filed.

You posted your question as a answer to someone else's, I have moved it.

Can I ask, I would say you have not used an attorney for any of this?

You should have had the right to first check with the court to verify how the legal service was done, what address was it sent to, how it was served and more. If by process server their statement would be included.

No he would not get any money back now