Legal Question in Family Law in New Jersey

Re: Paternity testing & child support

Your boyfriend has an absolute right to a DNA test to determine if he is the father. If he is, then he must pay legal child support, but only from the present time on. He should obtain receipts for any payments that he makes for child support. The process in court is somewhat costly, around $2500 to go through the process.

Re: Paternity testing & child support

This must be very difficult for you. I respect your being so supportive for him. He is fortunate to have you in his life.

The answer to your question is - yes; he can require a test to determine paternity even at this late date (up the the child's 18th birthday). The legal part is not difficult and definately not expensive. It requires making a 'motion on notice' to the Family Court. It can also be done by 'order to show cause' (another form of motion done without notice - the court gives the notice to the other party)

This is not difficult and it may be possible to accomplish it without a lawyer. If you feel it would be best to hire a lawyer, I would be happy to assist you.

The other part is the medical. This is the cost of the lab test. DNA testing is expensive, but a mere blood test can also be helpful. The blood test can prove the child was NOT fathered by your boyfriend, but cannot prove 100% that he is the father. I believe the DNA testing is a couple of hundred dollars. My memory is not perfect, but I remember the last time I had this done for a client it was 600$. Please don't rely on my memory for prices.

You are welcome to talk with me (a consultation) about this case for no fee. My offices are at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

Re: Paternity testing & child support

He pays from when he is legally determined to be the child's father. He is entitled to demand and to be granted the necessary dna tests which he will have to pay for. So there.

Re: Paternity testing & child support

Your boyfriend may petition the court for an order of filiation (establishing paternity), upon which the mother will be given the opportunity to admit that he is the father. If she does not, the court will order a genetic marker test and may order your boyfriend to pay all or any part of the cost. Once paternity is established, he can move to amend the birth certificate and other relief, such as an order of visitation. Generally, child support is ordered from the date of filing the petition, not the child's birth. Feel free to call me to discuss this further. I do not charge a fee for the initial consultation.