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.

About CJ.Harding
Chris believes one of the most important aspects of family law is seeing the 'big picture.' This means understanding the law, the facts of your case and the range of possible outcomes. Only after knowing each of those can an attorney convey the risks and potential results and guide you to make the right decision for your case, your life and your family. He understands every person and every case is unique. Chris will advocate for the very best possible result in your case. He has worked on a variety of family law cases, including tracing of assets, property division of estates worth more than one million dollars, international and interstate child custody issues, enforcement actions as well as pre-marital and post-marital agreements. Chris continues to be a student of the Law and helps to educate others by maintaining the "Hot Topics" section of the Firm web site, which features current issues in Texas family law. Topics have included how a bankruptcy can affect child support and the differences between alimony and court ordered spousal maintenance. Chris joined the firm after graduating cum laude from Southern Methodist University Dedman School of Law. During his time at SMU, Chris competed in numerous mock and moot competitions and placed nationally. Chris is a native Texan, growing up in the Houston area and completing his undergraduate studies at the University of Texas at Austin.

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