Refusing Child Support Until DNA Test

Live at Five’s Board Certified family law attorney, Sonya Coffman, answers questions submitted by Southeast Texas KFDM News viewers. Can someone refuse to pay child support if there has not been any DNA testing? Who is required to pay for DNA testing? If a non-custodial parent pays child support and later, after DNA testing, it is determined the individual is not the biological parent, can he or she be reimbursed for what had been paid?



Transcription

we'll have questions regarding family law live at five's family first contributor sonya coffman joins us now with some legal advice and sonya boy do i have some questions for you from our viewers one write said can he refuse to pay child support because he wants a dna test i guess they're talking about having a child and not having that dna test yet yes for a time the procedure is that they would file a petition to establish child-support and the father or the purported father could ask for dna test and if so this is done through the attorney general's office then it would take a month to six weeks probably to get the results and if he is the father he pays for the test if he's not the father the state pays if he is the father of course he will pay child support and it will be retroactive to the date of service of that lawsuit so depending on how long you decide to wait for that dna tests if you are the father you could be paying a lump sum exactly so there's really not a way to avoid it if you're the father but you might delay the start of payment for some time another question from a viewer do i have to pay back support if i'm not the father is he is he saying that if if you stand to have if you'd ordered in paying child support i guess and now he's not the father does he get money back ok no if he's been paying support then he has to you pay according to the court order until the order is changed so if it's later determined that he's not the father then it would stop and then from that point forward he wouldn't have to pay but he's not going to get the money back wow okay how would it affect child-support if my ex declares bankruptcy child support is not dischargable in bankruptcy so the child support will continue it may be that a motion to enforce the collection of child support could be a little bit more cumbersome during the bankruptcy because of stay that's in place but basically it should not affect the payment of child support alright is child support taxable no not taxable at all okay can my ex's tax refund be ceased to pay back child support that's a good question if uh there is a lien for back child support and its enforced through collecting a tax refund if both parties net say the your ex and his spouse if the if the returns or the refund is made payable to both of them then yes that can be ceased but if it's in the name of the spouse only it would not be alright something to look into uh can an ex fiance go to court to get a ring back anybody can go to court but i don't think they would be successful because a ring is a gift either engagement or a wedding ring so i don't think that would work alright can you legally change your name and at what age yes you can legally change your name if it's a child then a parent or guardian files a petition asking that the name be changed and stating the reasons for it if the child is ten or older the child needs to join the into the petition in consent to that and its up to the court whether to grant the name change depending on the reasons for it uh... if it's to a good reason say to help bond with the family unit so that everybody's name is the same that may be granted but the court will also look at whether the father's name is being taken away is involved in the child's life if they've paid their child support said the court will look at all at the fact if it's just to alienate that parent then no the name won't be challenged alright and ten is the age well it could be done sooner its just that if a child is ten or older they have to consent to it okay uh my kids cry when i leave them with their father should i go back to court to try to have my orders modified that's a tough question that's really hard when the children are unhappy with that transition but in and of itself the fact that the children cry is probably not enough to modify the possession and access but i would want to know the underlying reason for that and look at the total circumstance to see but the legal standard is whether the circumstances have materially changed since the prior order was entered and if so what's in the best interest of the children just keep those communication lines open and talk to your kids absolutely sonya we appreciate you stopping by thank you kay and if you have a question uh for about family law you can email us these questions at laf@kfdm dot com