Full question:
Just recently had a DNA test found out that the children are not mine there ages is 10 and 7. Am I bound by law to pay child support even doe I sign the birth certificate not knowing they were not mine. I married there mother after they were born, I am filing for a divorce and this was the out come.
- Category: Paternity
- Subcategory: Acknowledgment
- Date:
- State: Texas
Answer:
If a court establishes that you are not the biological father, you are no longer obligated to pay child support for those children. In Texas, you can challenge an acknowledgment of paternity if you can prove fraud, duress, or material mistake of fact, but this must be done within four years of signing the acknowledgment (Tex. Fam. Code § 160.308).
While your challenge is pending, the court may not suspend your child support obligations unless you show good cause (Tex. Fam. Code § 160.309). If you successfully challenge the paternity acknowledgment, the court will order changes to the birth record as appropriate.
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.