Legal Question in Family Law in Virginia

divorce child support

I was married to my husband in 95 had a baby in 96.. we got a divorce in 97.. He signed all papers in the hospital. Now that we are not together he wants a paternity test done before he pays child support. So i opened the case and we are awaiting court date... Question is when we do take the paternity test if he is the father than he pays child support, but what if he is not the father? What will the state do? Even though i am not worried about the test.. What will happened?


Asked on 10/10/02, 7:15 pm

1 Answer from Attorneys
Elizabeth Jones Elizabeth Ann Jones, P.C.

Re: divorce child support

If the court believes that there is a good reason for the paternity test, the court will order that one be done. You take the test then. Your ex husband is the one who would have to petition the court for the test. In Virginia, a child born in wedlock is presumed to be the child of the husband and wife. Both parents are responsible for the child's support. If, as part of the divorce, he was ordered to pay support, he will owe support for the child from the date of the court's order, plus interest on any unpaid support.

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Answered on 10/11/02, 1:06 pm


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