Question:
My brother just got served child support papers. He recently was able to see his child for the first time since she was born, and since then the mother took off to another state with his child. His daughter is now one year old. He never signed the birth certificate and there wasn't any DNA testing done.
Would he have to pay back child support even thought she took off with her?
Answer:
Check with an attorney in the state in which the paternity action was filed. Generally, he can challenge the paternity and require a DNA test. He does need to get clear advice on his options regarding parenting time and custody if the child is his. He needs to look at the options in terms of does the mother have to bring the child back to this state or can he get a reduction in child support to pay for the travel expenses of visiting his child.
Erik H. Carter is a Senior Attorney of the Cordell & Cordell, P.C. office in Indianapolis, Indiana as well as the Litigation Manager of both the Indianapolis and Pittsburgh offices. Mr. Carter has practiced since 1993 as an attorney. He is licensed in Illinois, Indiana, Pennsylvania as well as the Northern District of Indiana and the Southern District of Indiana.
