Legal Question in Family Law in Texas

I have some questions in reference to child support/ tax return:

I had an affair with a married co-worker briefly at the end of 2010. The mother applied for assistance and named me as father. I was served with a child support review back in September. I asked for DNA test however was told since I was not on birth certificate, the father listed had to be the one to request. Basically that was it to the meeting. I have not heard from the child support office since then. The mother continues to ask for child support but will not provide DNA test.

My questions are: Is there something I can file to determine if I am father or not? If I file my tax return with my new spouse, can it be taken for child support?

Please advise.


Asked on 1/18/12, 3:57 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

The tax return cannot be taken for child support if you are not behind on child support. Since there is no child support order against you now, you can't be behind.

You can file a suit to determine parentage and the court will order a DNA test.

Good luck!!

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Answered on 1/24/12, 8:27 pm


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