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“I’m paying Child Support but don’t think I am the Dad”

June 28, 2016

paternity

“I’ve been paying Child Support but I don’t think I am the child’s father”. My client had been paying child support for quite a number of years for a child who, for a number of complicated reasons, he had not been having a relationship with. Information had recently come to light to suggest someone else was the child’s father. He wanted certainty. He needed to know.

This isn’t an uncommon scenario. I am increasingly having discussions like this with men who are feeling uncertain about whether they are actually the father of a child they thought was theirs. Peace of mind eludes these men and in many cases, is accompanied by a very real grief.

So, what happens next? This largely depends on the nature of the relationship you have with the child and the child’s mother. However, irrespective of this, it is important to resolve the issue sooner, rather than letting the uncertainty fester. My experience is that these issues don’t go away and are often more difficult to resolve and more traumatic for the child the longer the situation is allowed to continue.

People often overlook the implications for their estate of whether they are the father of a child or not. On your death, your children may bring claims against your estate if they are not provided for by you in your will. Thus, resolving now who your children actually are can avoid disagreements and costly legal issues for your loved ones and your estate to resolve after your death.

Sometimes whether you are a child’s father can be resolved promptly, without the need for Court involvement, by having a DNA test agreed to. However, it is important the test is done by a reputable laboratory with a very secure process. The Court, Internal Affairs and IRD may not accept test results that aren’t undertaken in such a manner.

Where agreement can’t be reached to having a DNA test undertaken, proceedings can be brought in the Family Court to determine the issue of whether you are the child’s father or not. The Court is likely to recommend DNA testing and, in some cases, will appoint itself a guardian of the child in order to ensure a child undergoes a DNA test.

Once the DNA results are back, this usually resolves the issue. If the test comes back confirming my client is the child’s father, there may be questions about his ongoing relationship with the child to resolve. If a test comes back showing he is not the child’s father, I work with my client to resolve any issues around correcting the child’s birth certificate and having IRD refund any child support paid unless the client is going to have to continue to pay as a “step – parent”.

Irrespective of the result of the DNA test and the emotions that result may bring, the peace of mind that had been eluding the client is achieved.

Got questions about how to resolve paternity issues? Contact the team at Family Law Results on 0064 9 297 2010 or at lawyers@familylawresults.co.nz.

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