Question: I have been divorced now for around 2 years. I pay child support and alimony. My child is 11 years old. I just found out today through a DNA test that the child is not mine. My ex-wife has been lying to me all this time. Is there anyway or anything to do so that I don’t have to pay child support any more? This has just TORN me apart and it’s only going to tear me apart even more knowing that my ex-wife is going to be LAUGHING at me all the way to the bank with me paying child support until the age of 18. Is there any JUSTICE for a man in this situation? Can you help me or guide me in the right direction?
Answer: Unbelievably, the answer to this question depends entirely on which state made the initial determination of support. A handful of states, most recently Missouri, offer a legal father who is not the biological father the option of contesting paternity with DNA evidence. Some states, including Kansas, have determined that once a man has been named the legal father of a child, DNA evidence proving the non-existence of a parent-child relationship will be ruled inadmissible by the Court.
You should immediately consult an attorney in the state that issued the original support order (which may be different than the state your currently reside in) to determine your rights, if any, to contest the initial determination of paternity.