Modification to divorce decree


#1

I was recently awarded an un contested divorce in Feb of 09. On the grounds of infidelity. In the divorce it mentions that therec were three children born of the marriage. I currently pay child support not ordered by the court I also have the children on my insurance.
My exwife has told me that I am not the biological father of the kids. What do I need to do to have a paternity test requested or orderd since the divorce decree states that I am the father


#2

Go to the Child Support division that is in your county. Tell them you would like to set child support up through them. Also tell them that one of the child may not be yours and you would like a DNA before they go to court on child support. You, yourself need to set the case up to do so.

By law if you were married at the time and are name on the birth certificate, then you are the father.

If you can get to the child support division and your ex agrees then set it up through them with doing the DNA.

Good luck.


#3

I met with the child support people in my county they heard the recording of my ex wife telling me that the kids may not be mine. The lady stated tha since it was in my decree that the children were born of the marriage there was nothing they could do as far as a DNA she did say that it was not fair and I should contact an attorney to modify it Im trying to find out how the process works and what the forms are called so I dont get duped for some reason it seems like there stero typing me as a dead beat i havent missed a payment per our agreement and showed them that.


#4

You are presumptively the father of the children as they were born of the marriage and you did not contest paternity at the time of the children’s birth, or at the time of divorce, however you may still move the court for a paternity test to ensure you are not paying support for children who are not yours.
Since the support you are paying is not ordered by the court, a motion to modify support need not be filed, just an action for a paternity test.


#5

Erin,
Thanks for the info