Legal Question in Family Law in Tennessee
Proving Paternity and Actions afterward
I was notified 1/20/00 that I may have a daughter that was born 4/18/91. Didn't hear from her again until 12/14/00. Contact was made by the mother after she found out who I worked for and after I coordinated a six figure donation to my old high school. Classic gold-digger. Questions: should I wait for a court order to take the DNA test? We have spoke on the phone and I have the info to take it. What are my obligations since she has contacted me? Can I get out of back support? It frustrates me that I just now find out. Part of me feels obligated, but I also feel like she would have never contacted me if I hadn't made the donation.
2 Answers from Attorneys
Re: Proving Paternity and Actions afterward
Hate to have to disagree with Ms. Wunder, and her response may accurately reflect the law in Indiana.... but not in TN.
If this is a TN case, it would be possible for the court to order you to pay support back to the date of birth, AND to also pay for the costs of delivering the child, and it makes no difference that the mother never let you know the child existed.
Since the court is likely to tag you with child support if you are the father, I would encourage you to also start to take an active role in the child's life, and if the mother won't agree to that, to also ask the court to order it, or perhaps even to seek custody if you think that would be best for the child.
You need to be careful with any money you give to the mom or spend on the child, to make sure you clearly designate it as CHILD SUPPORT, or the court may simply consider it a gift and give you no credit for it.
Go ahead and have a blood test now, without requiring the court to order it. If you accept it, then you can probably enter into an agreed order on paternity and support and it would be much simpler and less expensive.
Re: Proving Paternity and Actions afterward
In order for the court to take coognizance of a paternity test, it must be ordered by the Court. I would adivse you to wait. Back support would be for a period of no more than 2 years in your case - it would not go all the way back to the birth of the child.