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What happens if you are not the father and paying support?

On Behalf of | Oct 26, 2021 | blog, Fathers' Rights |

A child support order comes through the court and requires the judge to believe you have the obligation to provide for a child. However, if you have an order but you do not believe you are the father, you do have the right to object.

The Texas Attorney General explains the law allows you to terminate a child support order if you prove you are not the father of the child.

Genetic testing

A child support order may not always come with genetic testing requirements. If the mother is your legal spouse at the time of birth, the law assumes you are the father. So, there is room for error when it comes to paternity. If you do not think you are the father, the first step is to get genetic testing.

Court hearing

If you want to contest paternity, you will petition the court. The judge will hear your case and make a ruling to order genetic testing if he or she believes you may not be the father. After testing shows you are not the biological father, the court will terminate your parental rights and remove all child support obligations.

Important note

One important point to note is that you must continue to pay support per the court order until the judge terminates the order. If you fail to pay, you will still remain responsible for any remaining balance. If you owe support from the time the order was in effect, you have a legal obligation to pay it because it was part of a court order.

If you think you are paying child support for a child that is not your biological responsibility, then you should seek a court order for genetic testing and termination of the child support order.