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    classic63's Avatar
    classic63 Posts: 1, Reputation: 1
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    #1

    Sep 14, 2010, 04:21 PM
    Does the paternal dad owe child support if the child is in another mans name?
    Back in 99 when the mother had the child, she and her husband said a paternity test was done stating he was the child's natural father. When the marriage ended in 2003 the woman comes about stating they lied and the child really did not belong to her husband, whom ADORES the child. She claimed she ordered a $150 paternity test online, suaved only the other mans mouth, sent it off. The results came back stating they were the other mans, not her husband. IF, IF the other man is the child's father, is he liable to pay child support if the husband claims her as his own??
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Sep 14, 2010, 04:37 PM

    What state is this in? In most states the faher is the husband regardless of DNA. So unless its challenged or overturned by court order. The child is a child of the marriage and the bio father is left out.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Sep 14, 2010, 05:13 PM

    Also, some states only allow a certain amount of time to mount a challenge.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Sep 14, 2010, 06:20 PM

    And next he will not owe any support till it goes though court and a court order is issued. Mail order DNA tests are not reconised in court and a real test will be needed to prove who the father is, not who the father is not.

    He is not currently considered the father and in some states would not be allowed to at all, in others there will be a limited time anyone can challenge the current father.
    In some states there can be a challenge to who is the father but who can make that claim also varies, as to one of the men may have to challenge it, one to get out of support, the other to get rights to visit
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #5

    Sep 14, 2010, 07:51 PM

    Hello , classic63 !
    No one can give you a straight answer without knowing your location. The laws vary from state to state. If it is a Tennessee case the bio-dad will be ordered to pay reimbursement .If it is a case in California the bio-dad will not be considered as a person having both legal rights and obligations.
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