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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33008
Experience:  Over twenty-five years experience
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I have found out that I am not the biological father of my

Resolved Question:

I have found out that I am not the biological father of my 5 month old daughter. If I separate from my partner will I still be expected to pay child support? How long would it be before even getting removed from the birth certificate isnt enough to be removed from paying child support?
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas Judge replied 2 years ago.
If you’ve accepted that you’re the father of the children and you dispute it after a maintenance calculation is in place, it’s up to you to prove that you aren’t the father. It isn’t up to the CMS to prove you are.You’ll be offered a DNA test only if you can provide proof why you think you aren’t the father. The mother must also agree there might be some doubt. The CMS may ask the parent who was getting maintenance to pay back any money that you’ve paid since the date you denied you were the father. This will be decided on a case-by-case basis. The CMS will also refund the costs of any DNA tests you've paid for.You won’t get a refund on maintenance you paid before you denied you were the father. Happy to discuss. Please rate positive.
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Customer: replied 2 years ago.

Thank you for the response. I think my main concern is that despite finding out through a Peace of Mind paternity test this terrible news, I may still try and make the relationship work with the mother, and whether this affects my case if things go wrong down the line. It sounds like as long as I can get agreement from the mother to a legal paternity test this should not be a problem.

Thanks
Rob