Legal Question in Family Law in North Carolina

Possiable Father

I am in a situaton where a female I was dating for a very short period of time is claiming that I am the father of her child. The child is due to be born at the end of this month. I have serious doubts on wether or not I am the father of this child. The woman I was seeing continues to contact me about setting up child support arrangements. I have told her that I'm not willing to pay child support until a paternity test has been done. The arguement now is over who should pay for the test. Also I don't exactly have the financal means at the moment to hire an attorney, but I make too much for legal aid.. any suggestions??


Asked on 1/10/03, 11:47 am

1 Answer from Attorneys

John McNeil Haas McNeil & Associates, PA

Re: Possiable Father

You are correct that if the child is not your biological child, you do not have an obligation to pay child support. There are exceptions but those include situations where the father found out years later that the child he'd been raising and caring for was someone else's.

If you have a serious doubt as to being the father of this child, wait until the mother applies for child support through the court or for government assistance. When the mother applies for either of those services, she must indicate whom the father is. Then the office will contact you. Make sure you demand a DNA test. The office is obliged to order both of you and the child to undergo the test. If you are proven not to be the father, the court can not force you to reimburse them for the test. However, if you are found to be the father, I have seen the court order a reimbursement.

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Answered on 1/13/03, 10:19 am


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