Legal Question in Family Law in Missouri
if a man finds out five years after a child is born that he is not the biological father but he has already signed the birth certificate does he have to continue to pay child support and will the mother have to pay back the child support that has been paid
1 Answer from Attorneys
Is there an administrative or judicial order for the "father" to pay child support? If so, that order needs to be modified to terminate the child support obligation upon the results of DNA testing proving that the person ordered to pay child support is not the biological father of the child. In other words, there is a statute that allows a "father" to attack a Determination of Paternity/Child Support Order. But, you do not get back any money paid prior to obtaining the order of relief, and yes, the "father" is legally obligated to pay until the court says otherwise. That order may, or may not, be applied retroactively to the date of filing. You, or the "father" you refer to should hire an attorney as soon as possible.