Legal Question in Family Law in Texas

not my child - back child support case pending

I am trying to get some info for a friend of mine. It is a matter of paternity and child support payments following a divorce. The ex husband is not the father of the child involved and this has been said numerous times by the mother (exwife) and the biological father. A month ago, the exwife filed a case against the exhusband with the attorney general for back child support. Does my friend need an attorney to keep him out of jail since the divorce decree set up child support payments? and when he goes to court for this, can he demand a paternity test at that time at the court or exwife's expense??


Asked on 11/17/06, 9:19 am

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: not my child - back child support case pending

Does the divorce decree state that he is the father of the child? That is a judicial finding that he would have to overcome. He can request a paternity test, but he would have to pay for it and overcome the language in the divorce decree that says that he is the father of the child. Better see a lawyer.

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Answered on 11/17/06, 10:15 am


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