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    james Williams's Avatar
    james Williams Posts: 1, Reputation: 1
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    #1

    Jul 13, 2011, 10:56 AM
    Paying child support
    I am paying child support and have been for over 2 years. Now they are about to increase it - how do I stop that and she made a statement that the child is not mine. How do I get her to be required to get a DNA test.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 13, 2011, 11:00 AM

    "They"? Who is "they?"

    You go to Court and either respond to her Petition or file your own Petition. You will be requested to produce financial info, as will she. You will ask the Court to do DNA testing.

    Some of this varies by State... but it's pretty much the same all over.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 13, 2011, 07:43 PM

    To raise the payment, they will have to have filed paper work. And you have the right to object and you both submit paper work, if you wages increased, it is likely support will go up
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 14, 2011, 03:56 AM

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

    Second, did you sign an acknowledgment of paternity? If you did, it may be too late to change your legal paternity.

    But this all has to be played out in court. She files for a modification, you counter file with proof that your income hasn't changed, or you file for a reversal of paternity. I suggest getting an attorney!
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #5

    Jul 14, 2011, 07:29 AM
    Quote Originally Posted by james Williams View Post
    I am paying child support and have been for over 2 years. Now they are about to increase it - how do I stop that and she made a statement that the child is not mine. How do I get her to be required to get a DNA test.
    First you need to tell us where you are located. If you've been paying court-ordered support for two years, you may be past the statute of limitations to contest paternity.

    Second, support is typically based on the non-custodial parent's gross income. If your income increased within the last 2 years, then the child is entitled to receive a portion of that increase. If you're making more money, then you can't "stop" the court from increasing the amount you are required to pay.

    What is your gross income, what are you currently paying and what is the court increasing the support amount to? Again, laws vary by region as to what is the required amount to be paid by the NCP. For example: Wisconsin requires 17% for one child, 25% for two children, 29% for three, etc. Illinois requires 20% for one child, 28% for two children, etc.

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