You met someone special, and your relationship grew. Then, life took an unexpected turn–you discovered you were pregnant. Marriage quickly followed, and you became parents. Unfortunately, the marriage didn’t unfold as planned, and on top of that, you couldn’t help but wonder if the child was really yours. After the divorce, you began paying child support anyway, even though your doubts continued.
What started as uncertainty soon led to a formal challenge, raising difficult legal and emotional questions about paternity and whether your financial responsibilities should continue.
Finding out you may not be the biological father of a child you have been paying child support for can be an overwhelming and emotional discovery. Unsurprisingly, many men in this situation wonder, “Can I legally stop paying child support if DNA testing proves I am not the father?”
What steps can the father take if he finds himself in this situation?
Paternity and Legal Responsibility
Legal paternity and biological paternity are not always the same. Under the Texas Family Code, a man is presumed to be the legal father if he is married to the mother at the time of the child’s birth or within 300 days before the birth. He can also be presumed to be the legal father if he voluntarily signed an Acknowledgment of Paternity at the hospital, through the Texas Vital Statistics Unit, or if a court established him as the legal father.
If you were legally established as the father in one of these ways, you may still be responsible for child support, even if DNA testing later proves otherwise.
If you want to challenge paternity, Texas law requires a specific legal process. You must first request a DNA test to determine biological paternity. If the test shows you are not the father, you can file a petition asking the court to terminate the parent-child relationship.
The court will review the case, and if paternity was previously established, you must provide evidence that you are not the father. If the court grants your petition, child support obligations may be terminated moving forward.
Can You Be Reimbursed for Past Child Support?
In most cases, no. Courts generally view child support as money used for the child’s well-being, and retroactive refunds are rarely granted. However, future child support payments may be stopped through a court order if paternity is successfully challenged.
Note: Texas law does not automatically release a man from child support obligations just because DNA results show he is not the father. He must follow the legal process through the court system.
If you believe you are paying child support for a child who is not biologically yours, consulting a family law attorney is essential. The legal process for challenging paternity is complex, and the timing of your challenge is critical. An attorney can help you navigate Texas law, file the necessary court motions, and determine the best course of action.
Please Call Christman | Daniell for Your Legal Needs Today!
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Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only. They do not constitute legal advice. The attorneys at Christman | Daniell believe in tailoring legal advice and solutions to your own personal circumstances.
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