When is DNA Testing Appropriate in Child Support Cases?

When Utah parents end their relationship, the result is often a form of child custody in which one party serves as the primary caregiver while the other pays for part of the care of the child or children. This financial help comes in the form of child support, which is usually determined by the income of both parents. Child support determinations are also sometimes handed down by the courts in cases in which parents cannot come to an agreement concerning the matter on their own.

In deciding child support, some parents are best served by requesting a DNA test to prove paternity. While paternity can be a difficult subject to broach while still involved with one’s partner, it is often the most appropriate course of action when a relationship ends. This is especially true in cases in which a man has serious doubts about the paternity of a child.

An example can be found in the case of one man who is now suing his former partner over as much as $30,000 in child support that he paid for a child he recently discovered is not his own. The mother of the child deceived both the man and a family court concerning the child’s paternity, which was only discovered when she made efforts to have her now-husband adopt the child. A DNA test proved that the child is not the biological descendant of the man who was named as the father. He is now asking that the child support he paid be returned to him, as well as punitive damages and legal fees.

While DNA testing is not appropriate for every child support case that comes before a Utah family court, there are instances in which it is the best course of action. When a man has reason to doubt that he is the father of a child, DNA testing can bring a resolution to the matter, and can help end the prospect of child support payments when paternity has been falsely claimed. DNA testing has evolved in recent years, and can be conducted discreetly and without the need for a blood sample from the child.

Source: kmov.com, “Lawsuit: Man pays thousands in child support, finds out child’s not his,” July 31, 2013

Published On: August 20th, 2013Categories: Child SupportComments Off on When is DNA Testing Appropriate in Child Support Cases?
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About the Author: Marco Brown
Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.
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