Legal Question in Family Law in Virginia

Re: Backpay

I have argued in the past that no back is due because there is no duty to pay until paternity is adjudicated or established either by consent or court order. I have not had to argue this point for a long time but I am assuming there is no existing court order to pay support. Oftentimes the courts do not wipe out support where a false claim has been disproved.

Although a good liar or a person in denial about multiple simultaneous partners can be right for the wrong reasons, when there is equivocation, there is often a better chance that the putative father may be ruled out by the genetic DNA testing now done with swabs of the cheek. There's a at least a 50/50 chance that the paternity will be ruled out 100%. If, however, the child does not possess the paternal obligatory genetic component, parenity exclusion is 100%.

Filing a paternity suit by the putative father can force the mother's hand and if she refuses to cooperate or to submit to a paternity test then there is a presumption that the test would have been unfavorable to the refusing party or the court may order sanctions to force a test.

Subject to these circumstances, it is not certain that back support would be required or even legal. There would need to be research once the actual facts are established. You need to have a consult. I am former military myself.