Legal Question in Family Law in Texas

I am legally divorced, however, I have paid child support for a child which I believe I am not the father and will have a DNA test performed shorty. If the test reveals I am not the father, can the ex-wife be held liable for any criminal, civil or legal charges and if so will I be able to receive any credit for paying child support if the test reveals I am not the father? Thank you so much.


Asked on 7/24/12, 2:06 pm

1 Answer from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

Based on the information you have provided, there are a few questions which would require answers to before any direction may be provided for your inquiry. First, when was your divorce granted? Second, which Court granted your divorce? Third, why did you and your ex-wife not have a paternity test done prior to the divorce decree being entered by the Court? Fourth, why do you believe that the child may not be biologically yours now? Fifth, how old is the child? Sixth, has the Court's prior order ever been modified? These are just some of the questions which would require response to before any suggestion could be provided to you on this matter. You may review the firm's website (http://www.thebrashearlawfirm.com) for more general information about family law.

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.

Read more
Answered on 7/25/12, 9:17 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas