Paternity - Who is responsible to pay for a paternity test? If I am not the father do I get back child support which I paid?

Question

Are court ordered paternity tests at no charge? If the alleged father is actually not the father after the results, does he still have to pay child support? Does he get whatever money he paid back?

Answer

In cases where a child is born out of wedlock, genetic testing (DNA) is usually done before there is an order for child support (if there is question about the identity of the father). If a suspected father is excluded (not the father), the case is dismissed and no support is ordered. In that case the excluded man is not normally responsible for the costs of the genetic testing.

If testing is done after an order is issued (usually because the father later suspects that he may not be the biological father), the person requesting the testing is normally required to pay the cost. There is case law that states that if a support order is set aside due to a later determination that the payer is not the biological father, he is responsible for support that accrued up to the time of the order to set aside.

If a child is born during a marriage, the man is presumed to be the father unless proven otherwise.

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Last Updated: 5-4-07

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@calhouncountymi.gov