Legal Question in Family Law in Texas

Back child support

If you do not know a child is yours till a dna test is ran, do you have to pay back child support or medical bills for that child? The party involve will not have a test ran till after the child is born and then she says that she doesn't know when she will get a round to it. There is a question on who the father is among three men.


Asked on 4/09/06, 6:32 pm

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Back child support

I've heard that the DNA test can be done when the baby is born in the hospital.

The DNA is a mouth swab. It does not hurt the baby.

By the way, the test results are NEVER 100%. If it is not your child, you will be "eliminated".

If it is your child, it will be in the 90-99% range.

If 2 of the men are close biological relatives, a more extensive test might need to be done.

Once there were 2 fraternal twins and the test was able to determine which one was the father.

Don't wait until "she gets around to it". Any man file can file a paternity lawsuit and ask for DNA testing.

At the present time, Texas only allows the mom to go back 4 years in retroactive child support. Why? Because many women were hiding for years then showing up when the kid was a teen-ager.

The legislature decided it was not fair to fathers. However, the legislature can change its mind in the future.

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Answered on 4/11/06, 1:04 am
TC Langford Langford Law Office

Re: Back child support

Yes. If she properly requests arrearage, then the father will have to pay arrearage, for a limited time.

The father will be able to make back support payments in installments, a lump sum will not be required.

The father might want to start saving money now.

Any one of the putative fathers can initiate the process if he so chooses.

TCL

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Answered on 4/10/06, 7:22 am


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