Legal Question in Family Law in Louisiana
Child support order without acknowledgement OR proof of paternity
A friend of mine recently received a child support order for a child he has not acknowledged paternity towards.
Paternity has also NOT been proven through the proper testing channels. Currently, it is a he said/she said issue. According to calendar-based estimates on the known history of the pregnancy, it is unlikely but narrowly possible that the man in question is the father. There are at least two other candidates that fall into the timeframe, as the little one was born approximately six weeks premature.
The man never signed any papers at time of birth and has received no court orders for paternity testing. Can he legally be issued this order?
Either way, what are some channels he might pursue so that the process can go as smoothly as humanly possible, regardless of the outcome of paternity testing?
It should also be noted that the mother has been known to commit petty fraud in the past, primarily amongst family and former friends.
1 Answer from Attorneys
Re: Child support order without acknowledgement OR proof of paternity
There would not be a child support order until paternity is established unless your friend was married to the mother and the child was born or conceived within the marriage. In that case paternity is presumed, and there is a very short time in which to disavow paternity, meaning that your friend would need to see a lawyer immediately. Otherwise, I am not aware of how child support could be established without paternity being established after notice (or a reasonable effort to give notice) to your friend of the legal proceeding.
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