Change in Paternity - Child Support implications?

Paternity Testing and Child Support

Paternity testing is becoming a very important aspect of many divorce cases involving children. Who is or isn't the biological father of the child has an outcome on just about every aspect of a divorce where children are concerned including child support. However, what if a man finds out that he's not the father of the child after the divorce is completed and the child support orders are passed?

Section 122 of Article 10 of the dissolution of marriage act in the Colorado Revised Statutes provides a solution for such circumstances in order to prevent an unfair situation from arising with respect to the man concerned. If you find yourself in such a situation, contact a Colorado Springs divorce attorney today. By yourself, you may not know the proper procedures and paperwork involved and will flounder in the legal morass of the system.

Modifiction of Child Support

The law allows a man who finds out he isn't the father of the child for whom he's paying child support, to file a petition for either the modification or the complete termination of the child support order. To satisfy the court, only a DNA test is proof enough and it must show that he is excluded from being the father.

However, only those installments of child support that become due after the filing of the petition are eligible to be erased from his legal obligations. This means that he can't seek reimbursement of payments he's already made. Effectively, that money is lost to him.

Limits on Modification

A man can't file for modification of child support under this section if more than two years have passed since the original order. There are also three conditions under which he will be unable to proceed as per this section of the law. The first is if he has already acknowledged that he is the father of the child knowing full well he isn't the biological parent. The second, is if he has adopted the child as his own. And finally, if the child was born by way of assisted reproduction.

Hiring a Colorado Springs Divorce Attorney

It's necessary to prove that none of the conditions that prevent the filing of the petition are met, and this can be done effectively through our Clawson & Clawson attorneys. Remember that there are strict deadlines for this sort of thing, so don't waste any time! Contact us now for a free initial consultation.