Child Support

If a court order has been entered establishing you as the father you cannot challenge paternity, even if the DNA test shows that you are not the biological father.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

If the child was born during your marriage and your name is on the birth certificate, you are his father legally.
In order for you to quit paying child support, you would need to find out who the biological father is, go to court, don’t know how you would change the birth certificate…somehow I’m not certain that even this would get you out of paying child support.

Your son is 12 years old. He IS your son emotionally regardless of genetics. You have paid for and taken care of him for 12 years and you are the only father he knows. Unless you have had no contact with him then I suggest doing some serious soul searching before you do this test. What will you do if the outcome is as you fear? How will this affect your son? Are you planning to quit having anything to do with him if he is not your biological child???

Thanks for your reply. It seems that I only care about child support payment from my post. Actually, it’s not. I don’t mind paying child support at all because that’s my responsibility. The reason I posted my question here is becuase this section is not for emotional support/help, it’s for legal advice. But, to answer your question, I was the primary care giver when my son was young, he was calling “daddy” instead of “mommy” when he needed anything. Of course the test result will not change the love I have for him. I just want to know if he is mine and what my responsibility will be. Thanks for your time to reply again.

I apologize for jumping to that conclusion. Separation and divorce affect the children so much more than it does us as adults and with this situation it’s even worse. It’s difficult for most of us to separate the emotional side of this especially when children are involved, so most of the posters on here do not post in all the forums for the different aspects of the same issue.
I am sorry that you believe that your ex betrayed your family in this way. It’s a terrible situation and if it is true, it will come back around to her.

I divorced 3 years ago and I have a 12 year old son. I am suspecting that I am not the biological father and I plan to do a DNA test. If the result comes back that I am not the father, do I still have to continue to pay child support? thanks.