Legal Question in Family Law in Nevada
Most likely paternity fraud; children have been relocated
My ex-wife relocated to the East coast with our two children. The court jurisdiction remains in NV where I live. We have argued through past attorneys several times in regards to custody/visitation (she's twice interfered with visitation) and child support and there are orders currently in effect. It has been brought to my attention that the youngest, 12, may not be mine. Since I am listed on the birth certificate and we were married I was assumed to be the father. Since I have signed the birth certificate, is it too late to request a paternity test? If the child comes back not being mine can I still be held responsible for child support or would the man I suspect to be the biological father be held responsible (if later proven by DNA test)? Would I be able to sue in civil court and get back the child support that I had paid my ex-wife? Can she get in trouble for paternity fraud? I have consulted with 2 lawyers with differing opinions.
In addition, can I also ask for my child support to be modified (decreased) if I have 2 children born after the last child support modification? Also, could my ex-wife�s current husband and my current wife�s income be taken into account for determining child support?
1 Answer from Attorneys
Re: Most likely paternity fraud; children have been relocated
You've waited too long to contest paternity. This is not a criminal case where DNA is even relevant at this point. You need to bite the bullet and pay for your child, natural or quasi-adopted. And no you'll not be able to sue the real father for what you pay because (1) he'll never take a blood test; (2) he's not the "legal" father and (3) you waited about 11 years too late. Also there is no such thing as paternity fraud since paternity test were available back then and all you had to do is ask for one. Beside she may have had no idea whose kid it was.
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