Can I Challenge Child Support If I Suspect I Am Not The Father?

Genetic testing always a option
Genetic testing always a option
Reading Time: 3 minutes

When a baby is born to a married couple, there is a presumption that the husband is the legal father of the child. That gives him parental rights and responsibilities including child support. However, if you suspect that you are not the father, there are options for you. The Texas Family Code allows you to ask the court to end the parent-child relationship between you and the child under certain conditions. This will be a case to determine mistaken paternity when you have been ordered to pay child support but you believe that you are not the child’s genetic father.

If you suspect you are not the father, you have an option to contest child support.
If you suspect you are not the father, you have an option to contest child support.

You can exercise your rights to terminate the parental relationship with the child even if you signed an Acknowledgement of Paternity or had a judge establish paternity. The only condition is that you did not take a DNA test beforehand. You are still required to meet the existing child support obligations you still owe. However, you can terminate any future obligations to pay child support.

Challenging Child Support Obligations For Mistaken Paternity

File A Petition

You or your attorney can file the petition to the court asking the court to terminate the parent-child relationship. You will need to meet the legal requirements below.

  • You’re not the biological father of the child
  • You mistakenly concluded you were the biological father due to misrepresentation
  • You signed an Acknowledgement of Paternity or had a judge establish you as the legal father without first getting a paternity test. It is required to show that you did not contest parentage at the time because you mistakenly believed you were the biological father.
  • There was no legal adoption of your children on your part
  • You are not the intended father based on a gestational agreement validated by the court
  • You did not agree to assisted reproduction to conceive the child
  • The petition was filed within two years of the date you discovered the mistaken paternity

Attend Pretrial Hearing

You and your attorney will need to present your case about why there is a strong possibility that you are not the biological father of a child. If you can sufficiently call paternity into question, the Texas court may legally require you to take a paternity test.

Go For Genetic Testing

You will need to go for genetic testing with an accredited lab.

Attend Final Hearing

If the paternity test has established that you are not the genetic parent, the judge will sign a court order terminating the parent-child relationship. This will mean you need not pay future child support. However, you will still have to pay the child support obligation that you currently owe.

Contact Us For A No-Cost Case Review

Tarrant County men trust attorney Sean Lynch to represent their cases and prove in family law court that they are not responsible for child support payments.
Tarrant County men trust attorney Sean Lynch to represent their cases and prove in family law court that they are not responsible for child support payments.

Want to challenge your obligations due to mistaken paternity? Let the award-winning Family Law experts at Sean Lynch law firm help you prepare your legal case. We have decades of experience in family law.

Contact us today for a no-cost case review.


Our Reviews


Sean Lynch Family Law

City Center II, 301 Commerce Street Suite 2900, Fort Worth

3.9 72 reviews

  • lauradoesstuff andmore ★★★★★ 6 months ago
    Hired Mr. Lynch to represent me in a divorce case. He handled it professionally and answered every question I had during the whole process quickly. He got the court to agree with what I wanted and I am now divorced. Would recommend him … read more to friends and family.
  • Catherine Jones ★★★★★ 3 months ago
    Sean was extraordinary, patient and helpful throughout my lengthy and tedious divorce process. He provided a balance of supportive advocacy and pragmatism in his advice, and helped ensure the outcome was to everyone's benefit. I hope … read more to never need a family law attorney again, but if I do, he'll be the one I call.
  • Hawkeye Roofing & Restoration ★★★★★ 9 months ago
    Sean did a really great job in getting my divorce done. He does care about dads! It would have went a lot smoother if it wasn’t for the other party being difficult but overall I’m extremely happy and would highly recommend.