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Possible Paternity Problem

  • 18-08-2013 11:01am
    #1
    legalstress
    Registered Users Posts: 1 ✭


    Suppose the husband of a couple who recently divorced discovered that the children (now 24 and 19 young adults) may not be his. He contacts his estranged wife to have a paternity test via DNA. She refuses on several occasions. The 19 year old is still in college and has been instructed by the mother to refuse the DNA test also. Maintenance is being paid by the Father until the 19 year old child finishes college or reaches 23 years of age.

    Is it possible for the Father to stop paying maintenance payments (which are part of a court order) until the mother/19 year old child agrees to provide a DNA sample without going back to the circuit court which can be very expensive.


Comments

  • #2
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,450 ✭✭✭✭Marcusm


    legalstress wrote: »
    Suppose the husband of a couple who recently divorced discovered that the children (now 24 and 19 young adults) may not be his. He contacts his estranged wife to have a paternity test via DNA. She refuses on several occasions. The 19 year old is still in college and has been instructed by the mother to refuse the DNA test also. Maintenance is being paid by the Father until the 19 year old child finishes college or reaches 23 years of age.

    Is it possible for the Father to stop paying maintenance payments (which are part of a court order) until the mother/19 year old child agrees to provide a DNA sample without going back to the circuit court which can be very expensive.

    Breach of the court order would presumably end up with a period in the 'joy or similar sanction. At this stage, assuming the children display filiality to the father, why would be seek to punish them or is it just about the negative relationship with the estranged/ex wife. I have no children but if I had raised two to those ages I think I'd want to continue my relationship with them and deal with marital infidelity in a different matter.


  • #3
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Would a 19 year old not be an adult and thus you'd have to bring him/her to court not the mother.


  • #4
    Boombastic
    Closed Accounts Posts: 6,496 ✭✭✭Boombastic


    Once over 18, your children are adults. Go back to Court.


    On a side note, I read about a case similar to this but in Canada. The judge ordered the father continue paying, even though he was not the bio-dad


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