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:
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.
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.
