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cmy310 · Aug 7, 2012, 01:29 PM

I have a son who just turned two yesterday and it has been brought to my attention that there is a large possibility that he is not mine unfortunately. We have been going back and fourth in court for over a year and a half now and still have not reached a final judgment yet. And our next date set for review is next week. My question is, is if I find out that he is not mine will I still have to continue to pay child support, due to his age and how there really isn't a "strong" bond on his behalf as I have had voids in seeing him due to her not letting me and only get him a couple of times a week supervised due to her false vindictive accusations. Thank you

Gernald · Aug 7, 2012, 01:33 PM

If he is not your son then no you should not have to pay child support. But until that is proven in court (via DNA testing) and the judge says otherwise you do have to continue paying.

ScottGem · Aug 7, 2012, 01:36 PM

First, Any question on law needs to include your general locale as laws vary by area.

I assume you were not married to the mother. So I also assume you signed an acknowledgement of paternity. I assume this because you didn't mention a paternity test which should have been the first thing you asked for once the petition for Support was filed.

So the first thing you need to do is file a motion with the court before the next hearing to request a paternity test. It may, however be too late for that depending on local laws.

If it is too late, you will probably be out of luck and will have to pay whether the child is yours or not.

I'm guessing you don't have an attorney.

cmy310 · Aug 7, 2012, 02:02 PM

Sorry about that I was a little upset while posting as you could imagine. We are from Massachusetts and yes we are filing for a DNA this week as I met with my attorney today. First he said it was to late for it but then I had him call the court and they said it was not to late. I'm wondering where as everything so far is a "Temporary Order" which includes child support. There has been no final judgment yet. And no we were never married it was an on and off relationship that ended 2 weeks after his birth

JudyKayTee · Aug 7, 2012, 02:06 PM

Originally Posted by cmy310

sorry about that i was a little upset while posting as you could imagine. we are from Massachusetts and yes we are filing for a DNA this week as i met with my attorney today. First he said it was to late for it but then i had him call the court and they said it was not to late. im wondering where as everything so far is a "Temporary Order" which includes child support. There has been no final judgment yet. and no we were never married it was an on and off relationship that ended 2 weeks after his birth

If your Attorney is asking for DNA - filing a Motion, it would appear - it would seem to me that the DNA result is important. If it were too late to establish paternity DNA would not be happening.

A temporary Order is just that - temporary until a final Order is entered.

I'm not criticizing, I'm really not, but you have no ties to this child, no emotional bond?

cmy310 · Aug 7, 2012, 02:10 PM

Originally Posted by JudyKayTee

If your Attorney is asking for DNA - filing a Motion, it would appear - it would seem to me that the DNA result is important. If it were too late to establish paternity DNA would not be happening.

A temporary Order is just that - temporary until a final Order is entered.

I'm not criticizing, I'm really not, but you have no ties to this child, no emotional bond?

I do but when I herd the news yesterday (his birthday) it ignited old suspicions, as no one thinks he's mine and rather then always dwelling on it I want to just get it out of the way and hope that its not true, even though I have always denied it

JudyKayTee · Aug 7, 2012, 02:45 PM

Demand DNA. Apparently you didn't. To quote my colleague, Scottgem: "So I also assume you signed an acknowledgement of paternity. I assume this because you didn't mention a paternity test which should have been the first thing you asked for once the petition for Support was filed."

Next time you're in an "on and off" relationship (your words) - keep your pants zipped.

As a side note - you have an Attorney. Why are you here second guessing his advice?

Fr_Chuck · Aug 7, 2012, 03:11 PM

1. Direct answer to the question. There appears to be a Temp order in place, so yes, as long as that order is in place you have to pay.

2. It appears you are challenging that order and asking for DNA but until then if there is a order inplace, even temp, you have to follow it

cmy310 · Aug 7, 2012, 03:22 PM

Originally Posted by Fr_Chuck

1. Direct answer to the question. There appears to be a Temp order in place, so yes, as long as that order is in place you have to pay.

2. It appears you are challenging that order and asking for DNA but until then if there is a order inplace, even temp, you have to follow it

My main question which go away there was if the DNA comes back that I am not the father and the only orders that are in place are temp. do I still need to pay child support, as we have not reached a final judgment yet that's it lol

cmy310 · Aug 7, 2012, 03:29 PM

All I needed to know was if I would have to still have to pay after a temp order. Not a final judgment if the DNA comes back I am not the father. Plain and simple and yes I love him but.. no, as he is only two it will hurt me but I will leave so that the right father can be made aware

And I apologize its just been a shocking day and the only reason I'm second guessing my attorney is because he told me that I absolutely could not file a motion for a test. I knew that I could so I had him call the county probate court and they said yes anything can change or be filed because there still has not been a final judgment.

JudyKayTee · Aug 7, 2012, 04:20 PM

Originally Posted by cmy310

all i needed to know was if i would have to still have to pay after a temp order. not a final judgment if the DNA comes back i am not the father. plain and simple and yes i love him but.. no, as he is only two it will hurt me but i will leave so that the right father can be made aware

and i apologize its just been a shocking day and the only reason im second guessing my attorney is because he told me that i absolutely could not file a motion for a test. I knew that i could so i had him call the county probate court and they said yes anything can change or be filed because there still has not been a final judgment.

You are Court ordered to pay child support unless/until you are Court Ordered NOT to pay child support. It's that simple.

I don't know why this is in probate court but it's another State.

Let's hope nobody in the DNA testing process or Courtroom "shocks" you.

ScottGem · Aug 7, 2012, 06:53 PM

Originally Posted by cmy310

my main question which go away there was if the DNA comes back that i am not the father and the only orders that are in place are temp. do i still need to pay child support, as we have not reached a final judgment yet thats it lol

Originally Posted by cmy310

all i needed to know was if i would have to still have to pay after a temp order. not a final judgment if the DNA comes back i am not the father. plain and simple and yes i love him but.. no, as he is only two it will hurt me but i will leave so that the right father can be made aware

And we can't answer that question since you haven't answered our questions. We need to know where you are and whether you signed an acknowledgement of paternity. In some areas there is a very small window of time to challenge paternity. So its possible it is now too late.

But even if the paternity test comes back negative, the Temp support order is not immediately rescinded. The test results are presented to the court as evidence and the court has to issue a ruling. Until the court issues a ruling the current order is in place.

ScottGem · Aug 7, 2012, 06:59 PM

Originally Posted by cmy310

only reason im second guessing my attorney is because he told me that i absolutely could not file a motion for a test. I knew that i could

How did you know that you could? What section of the law in your area told you that you could? And even if the court allows you to file, that doesn't mean the court will accept it. Generally, a party in a litigation can file anything they want to. That doesn't mean the court will consider it. Your lawyer is probably thinking that the law says your window of opportunity to challenge paternity has passed. Therefore the court does not have to, and, in fact, may not be able to, consider DNA evidence in issuing a ruling. Lets say the law says you have 6 months to challenge paternity. That 6 months has come and gone. So the courts says the DNA evidence is immaterial. And you are still responsible for support.

JudyKayTee · Aug 8, 2012, 04:59 AM

This is another second-guessing an Attorney who knows the State's laws and the Court's procedures and what will or will not be entertained - and we're second guessing.

Again - only a Court Order can change a Court Order so if DNA proves OP is NOT the father OP is still obligated to pay support unless/until another Court Order is in place re: support.

Perhaps OP could ask his Attorney/the Court Clerk, the source of the info that a Motion would be entertained for the section(s) of Law(s) that are in play here.