Legal Question in Family Law in Texas

Me and this guy had a relationship 13 yrs ago. I had a daughter, we took a paternity test just recently and he is not the father. He has been paying child support for 13 yrs. I know who the father is, and he has acknowledged her, can I present the DNA test and get the other guy off child support, and file on the other guy? If so what how do I go about it?


Asked on 5/05/11, 9:19 am

1 Answer from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, there are a few questions which must be answered first ... (i) was the guy who has been paying child support for 13 years paying under a court order? (ii) why did you seek child support from the guy who has been paying without getting a DNA test done? (iii) how has the new guy "acknowledged" your daughter?

There are potentially a few processes available in order to eliminate the current child support order and establish a new child support order for the correct biological father. You will more than likely have to get a local law firm to assist you with this process. Which court issued the current order? Will the new guy be agreeable to child support - if yes or no, why? These are just two questions you need to deal with prior to moving forward with this matter.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 5/05/11, 12:29 pm


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