If I do a DNA test on a 13 year old child and confirm she’s mine even though another man pays child support on her, will I have to pay back CS?

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If I do a DNA test on a 13 year old child and confirm she’s mine even though another man pays child support on her, will I have to pay back CS?

Asked on March 5, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is my understanding that in Texas the issue of retroactive child support is determined on a case by case basis.  It is a possibility?  Yes, it is.  However, the court will take in to account the facts of the case and when you became aware that you were possibly the Father will help determine the matter.  If you always kind of knew and the Mother can prove it the liklihood is that the court will order it.  If, however, the conception was either the result of a one time fling or kept from you then the court will consider that situation as well.  Good luck.


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