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.
2 Answers from Attorneys
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.
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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