Legal Question in Family Law in New Jersey
child support
is it legal for the judge,to tell my 16 yearold son he has to pay child support without a paternity test being established to prove it is his child?
3 Answers from Attorneys
Re: child support
Your son must deny it is his child and in that
instance he is entitled to dna testing.
If the support order is already entered a motion can be filed for a dna test.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: child support
As Mr. Moore indicated, he needs to file for a DNA test and I suggest he do that sooner rather than later. You may not need an attorney for this, but it may be to his best interest to do this right the first time.
If you have any questions, give me a call at 732/247/3340, my initial consultations are always free.
Re: child support
Yes it is. I assume he made you, as the parent of a minor, ultimately responsible for the payment. If the judge heard from the mother that the parties had sexual relations, and your son admits to sexual relations, the judge has a basis, pendente lie (pending the litigation) to order child support. However, your son has an absolute right to a paternity test to determine if he is the father. If he is not, his obligation will terminate and he can seek the return of the support.