Issue Date: April 26, 2009
A daddy's dilemma
My husband of 10 years and I were just contacted by a young lady who is asking for a paternity test; she is having three men tested to find out which one is her father. If it turns out that my husband is her father, can he be sued for back child support? Is it better just to refuse the test?
M.K., Florida
Unfortunately, your husband has no choice but to take the test and, yes, pay back support, depending on state law, says TV judge and former district attorney Jeanine Pirro. "Refusing to take the test can result in having his driver's license and registration suspended and hefty court fines," she says.
Don't think this is just a "man thing": Pirro says there's a trend for moms who never took physical custody to be hauled into courts, too. "What's fair is fair: At the end of the day, taxpayers shouldn't have to pay for other people's children," she says.
Her expert advice: Because child support laws can vary from state to state, work with a lawyer so you'll know what your rights are. In Florida, for example, if the child is older than 18, it's too late for her to sue to claim monetary benefits.
If it does turn out that your husband is this woman's father, please keep in mind that they both are innocent victims of her mother's actions. Also, please consider opening your lives to this young lady, and, if it's what they both want, allowing Dad and Daughter to get to know each other.
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