Will a court relieve me of my child support obligation if I can prove I am not the biological father?

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Will a court relieve me of my child support obligation if I can prove I am not the biological father?

My child is almost 10 years old. Her mother and I have been divorced for almost 3 years and I have recently come across some information that questions whether or not I am the biological father.

Asked on November 7, 2012 under Family Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, it is not that clear cut because the court is there for the best interests of the child. If the child considers you her father and you have considered her your child for all intents and purposes and have been paying for her, then really none of that will be undone automatically.  Every court is different. If you are concerned you are paying for a child not biologically yours, you need to consider whether this child is one you consider yours (regardless of genetics). That will be your deciding factor in determining whether you should pursue this to the point of paternity testing and the court actually ordering a cessation of child support.


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