If my husband is found not to be the father is he still responsible for back child support owed?
Full Question:
Answer:
The law in Tennessee allows for DNA parentage testing and reestablishment of paternity, even after a Court has entered an order establishing paternity. You might suggest that your court appointed counsel look at the case of White v. Armstrong (Appeal No.01A01-9712-JV-00735) in the Tennessee Court of Appeals. In this case, the court held that Mr. White (the alleged father) could seed post-judgment relief from the Order of the Juvenile Court declaring him to be the father of Ms. Armstrong's son and requiring him to pay her back child support as well as future child support. If Mr. White could prove that he was not the biological father of her son, he would not have to pay any future child support, although Ms. Armstrong would not be required to reimburse Mr. White for the child support he had already paid.
DNA testing for paternity is the most extensive and accurate test available to determine parentage. The fee for testing one child and one alleged father, with or without the mother is usually between $350 and $600. Samples are easily obtained from the inside of the mouth with a cotton swab, or with as little as 5 to 10 drops of blood from a finger prick.
The following websites advertise two DNA testing facilities in your area:
The following questions should be asked when establishing a relationship with a DNA testing company or laboratory.
1.Is the laboratory AABB Parentage Testing Committee accredited for DNA parentage testing?
AABB (American Association of Blood Banks) accreditation follows an intensive review and inspection of laboratory policies and procedures by the Inspection and Accreditation Committee of the Association, and establishes that the level of technical and administrative performances within the DNA Identity Testing Laboratory meets or exceeds the standards set by the AABB.
2.How long has the company been in business and how many tests have they completed?
Make sure that the company is well established and that there are no outstanding complaints filed. Contact the Better Business Bureau at www.bbb.org and/or the company's local Chamber of Commerce. Ask the company directly about their customer service department and how they handle complaints or disputes.
3.Does the lab accommodate your payment and testing needs?
Spend time reviewing all the information available at the company's website and make a list of any questions that may be uncovered or unclear. Make sure you obtain the total price of your test including any shipping charges or collection fees.
If the test has special circumstances such as an absent alleged father or related alleged fathers, make sure this information is adequately covered by the website or discussed with a customer service representative or case manager.
4.If the test is being performed for legal purposes, does the lab have a history of high legal acceptance?
The acceptance of DNA testing varies from state-to-state. Ask the DNA testing company if any properly documented chain of custody results have not been court admissible.