How To Get Child Support If My Ex Refuses a Paternity/Maternity Test
If your ex-partner is refusing to get a maternity or a paternity test, you may be wondering what your options are. Can you still get child support if this is the case? Below, we will reveal everything that you need to know about the legal requirements on this subject.
Did you know that you can ask the court to order a paternity test?
Yes, you can, but one thing you do need to remember is that there are different requirements in different states. Therefore, what may apply in one state may not be the case in another state. This is why the best thing that you can do is use the services of a reputable law attorney based in your area.
With that in mind, though, the majority of the courts follow these general guidelines when determining who is eligible to bring a civil lawsuit:
- The mother of the child
The woman who is going to be giving birth
A child’s personal representative who has the legal authority to act on behalf of the child
A man who claims to be the child’s biological father
A child who has reached the age of majority
A social service agency within the state acting on a claim of child neglect
The father and mother of a child who are acting together voluntarily
What happens if the mother or father refuses to participate in a paternity test?
With regard to the mother refusing a test, it is likely that she will not be able to receive child support from the alleged father if the test is refused. If a woman refuses a paternity test, it is vital that the man who questions the paternity requests the test as quickly as possible.
On the flip side, should the father refuse to have the paternity test, legal consequences may be brought. For example, it is possible that you could find yourself being held in contempt f court. You may end up receiving a fine or criminal charges could be filed as a consequence. In most of the cases, though, the court will just enter a judgment against the man and order child support to be paid.
These are important things to know about where you stand in terms of child support if your ex-partner is refusing to have a maternity or a paternity test. The best thing that you can do in this case is to use the services of an experienced and reputable lawyer who can assist you with your case.