Challenging Child Support by Challenging Paternity

When parents divorce, it is only proper that the parents still support their children.  In the case of women, there are very few circumstances where there is a question as to whether she is the biological Mother.  However, men don’t have it that easy, and some men accept children, and the obligation to support them, only to find out later that the child is not their offspring.

How to challenge a child support order when the child is not yours?

Thanks to a new law, men can challenge their child support order by challenging the biological relationship with the child (think DNA testing).  There are some restrictions.

For all orders prior September 1, 2011, the man must have believed at the time of the order or signing of the acknowledgment of paternity that he was the father due to misrepresentations made to him.  If the order was prior September 1, 2011, he has until September 1, 2012, to challenge the order in a court of law.

For orders after September 1, 2011, the man must have believed at the time of the order that his was the father due to misrepresentations made to him and must file to terminate the relationship within one year of finding facts that indicate he is not the biological father.

Under either route, timing is important.  If you wait too long to challenge the order, you waive the objection.