I have a freind who has been paying child support for a little boy who is now 5...he however is not sure if the child is his...does anyone know of a way to get a court ordered paternity test? Or what the laws are regarding this type of thing (live in Oregon)
Thank you!
2006-12-06 07:45:08 · 9 answers · asked by alwaizand4eva 1 in Politics & Government ➔ Law & Ethics
Thank you for all of the answers...he doesn't want out of the child support as was suggested -- recently the child's mother said she was sleeping with 2 ppl at the time of getting pregnant, and has also been receiving child support from another man who turned out NOT to be the father...thank you very much for the help tho...
2006-12-06 07:52:37 · update #1
Also, he has another child for whom he pays child support, but now the child is going to come live with him -- is it common for the mother to have to pay child support if the child moves into the fathers home?
2006-12-06 07:54:00 · update #2
See here's a problem -- after 5 years it's probably too late. I don't know what the laws are in Oregon, but California for instance has "presumed father" statutes. There are certain situations where a person is presumed to be the father. From there, the person has 2 years to contest that presumption. If he does not do so, the child becomes legally his forever and there is absolutely nothing he can do about it. This is true even if the man was lied to and even if genetic testing can prove that the child is not his. The statutes are absolutely brutal in that regard.
Oregon may have similar statutes. Your friend should talk to a lawyer immediately. Go to www.martindale.com for a listing of lawyers in your area.
2006-12-06 07:51:28 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If he has a relationship with this child and isn't really all that concerned about paying the support, what's the point in finding out?? That being said he can petition the court to have a DNA test. And yah, even if he turns out not to be the father, if he has maintained a relationship, he could be determined in Loco parentis..(in place of real father) this would mean he still pays support, but it will also ensure he always has a right to see the child.
Also, someone should report the mother since she seems to be double dipping. This is a serious fraud offence.
As far as the child that is coming to live with him, yah...it is the parent who has the child less that pays support, regardless of whose income is more...the child support is determined on the payors income. Again, unless the mother agrees...he will have to Petition the court for the support...which may make the mother change her mind about allowing the child to live with him (Sad but true..I've seen it tons of times)
2006-12-06 08:12:48 · answer #2 · answered by elysialaw 6 · 0⤊ 0⤋
No there is no way to get a court ordered paternity test after paying child support. He should have thought about this before he signed the recognition of paternity. What he can do is pay for the test and if the test shows that hes not the father, she will have to pay. Other than that, he pays himself or continues to pay child support. Why would he sign the recognition of paternity without knowing it is his? Sounds like he just wants out of child support.
2006-12-06 07:50:12 · answer #3 · answered by drea55429 1 · 0⤊ 1⤋
YOU GO TO FAMILY COURT AND PETITION THE COURT FOR AN ORDER OF PATERNITY. HE SHOULD HAVE DONE IT BEFORE HE WAS ORDERED TO PAY SUPPORT. HE SHOULD HAVE CONTESTED THE PATERNITY THEN. HE WILL HAVE TO SERVE THE CHILD'S MOTHER WITH COURT PAPERS TO ORDER A TEST. HE MAY HAVE TO PAY FOR THE TEST HIMSELF. PATERNITY WILL BE ESTABLISHED. AND THEY WILL EITHER ORDER A STOP TO THE SUPPORT OR CONTINUE STATUS QUO. HE HAS NOTHING TO LOSE BUT HE SHOULD HAVE DONE IT FROM THE JUMP.
IF THE CHILD MOVES IN WITH HIM HE CAN COLLECT CHILD SUPPORT FROM HE MOTHER.
THE PROBLEM WITH THAT IS THAT WOMEN ON AVERAGE ARE THE WORST AT PAYING CHILD SUPPORT. THE COURTS DON'T PURSUE THE MOTHERS AS AGGRESSIVELY AS THEY PURSUE THE FATHERS.
2006-12-06 07:49:26 · answer #4 · answered by strike_eagle29 6 · 0⤊ 0⤋
i dont know about oregon but i do know in some places he can go to social services, a magistrate or whom ever and request apaternity test and if the child turn out not to be his he will be compensated for the child support he has paid. Just tell him to go to social service because most of the time they will pay unless the child is his then he has to pay. goodluck to your friend things like this are tough but he shouldnt have waited this long. Or tell him he can always call Judge Hatchett lol
2006-12-06 07:49:29 · answer #5 · answered by tink19812003 3 · 0⤊ 0⤋
Go to the family court and request a paternity test.
2006-12-06 07:52:56 · answer #6 · answered by Mariposa 7 · 0⤊ 0⤋
Ask the court to order it via the states guidelines and they will.
2006-12-06 07:47:42 · answer #7 · answered by joevette 6 · 1⤊ 0⤋
He will have to petition the family court
2006-12-06 07:46:51 · answer #8 · answered by Anonymous · 1⤊ 0⤋
You would have to contact an attorney in your area. Most give a free consultation.
2006-12-06 07:48:25 · answer #9 · answered by wish I were 6 · 0⤊ 1⤋