If my husband is found to not be the father is he still liable for back child support?
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. Armstrongs 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.