Full question:
My husband has a twelve year-old daughter who lives with her grandmother. The daughter has recently asked her father to submit to a DNA test. He just went to court on December 13th for twenty three thousand dollars in back child support and is now facing a jail sentence. We would like to know if, after twelve years, he is determined not to be the father, will he still have to pay child support? He has a court appointed attorney who said if my husband submitted to a DNA test, he would research the laws for Tennessee regarding this issue. We are financially unable to pay for a DNA test if it is not going to help him in the first place. Could you please let me know the law for this situation?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Tennessee
Answer:
Tennessee law allows for DNA testing to establish or disprove paternity, even if a court has already declared someone to be a father. If your husband submits to a DNA test and proves he is not the biological father, he may be eligible for post-judgment relief from the court order requiring him to pay child support. This means he would not have to pay future child support, but he would not be reimbursed for any child support he has already paid. A relevant case to consider is White v. Armstrong (Appeal No. 01A01-9712-JV-00735), which supports this position. The cost for a DNA test typically ranges from $350 to $600. Samples can be collected easily using a cotton swab from the inside of the mouth or a small blood sample from a finger prick.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.