Heymann & Fletcher

Even though he is not the father, man owes back child support

Some New Jersey residents may have heard about the out-of-state man who was told that he owes thousands of dollars in back child support even though DNA testing proved that he is not the child's father. Recently, he went to court in an attempt to straighten out the matter, but the judge ordered him to pay the back child support. The judge determined that he did not file his claim within the prescribed time period.

However, the man was incarcerated when the mother of the child in question listed him as the father after applying for state benefits. A process server claimed to have personally served a notice of hearing on the man, but he was in prison at the time. It was not until he was pulled over some time after his release and arrested for not paying child support that he found out about the woman's claim.

Since that time, he has attended numerous hearings on the matter. The judge says he should have filed documents to have him removed as the legal father of the child years ago at one of those hearings. At the time, the man could not afford counsel and was not aware of how the process worked.

Most New Jersey men are willing to live up to their financial obligations when it comes to their children. However, no man should have to pay child support for a child that is not his. As this case demonstrates, time is of the essence when it comes to proving that fact.

If a man suspects that he is not the father of a woman's child, he has the right to request DNA testing. If it turns out that he is the father, the mother has the right to receive child support to help in the raising of their child. However, if the results indicate otherwise, he should be free to move forward with his life.

Source: fox2now.com, "Man ordered to pay $30K in child support for kid who is not his", Danielle Scruggs, Feb. 18, 2015

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