Because defendant waited fourteen years before seeking a paternity determination, the trial court did not err when it ordered defendant to pay outstanding child support arrears

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July 25, 2008 at 8:52 am

Law Lessons from MERCER COUNTY BOARD OF SOCIAL SERVICES v. J.T., App. Div., A-953-07T3, August 25, 2008:

DNA testing to conclusively establish paternity requires samples from both putative parents. M.A. v. Estate of A.C., 274 N.J. Super. 245, 247 (Ch. Div. 1993); N.J.S.A. 9:17-51(a) (upon the request of a party to a paternity suit, the court shall “require the child, mother and alleged father to submit to blood tests or genetic tests”). Although child support is an obligation to the child payable through the parent with primary physical custody, the failure of the custodial parent to cooperate with court-ordered DNA testing gives “rise to the presumption that the results of the test would have been unfavorable to” the custodial parent’s interests and warrants termination of support payments to the custodial parent. N.J.S.A. 9:17-48(h).

In this case, however, the Mercer County Board Of Social Services was entitled to take action to recoup child support arrears from defendant, who claims he has

always suspected that the child was not mine. In hindsight, I realize I should have filed for a modification on my cases, but I was young, ignorant of the system, spent some time incarcerated, and simply overwhelmed by the obligations. Once I realized that I had to get his matter resolved, I decided to establish paternity for [the minor child.]

Because defendant waited fourteen years before seeking a paternity determination, the trial court did not err when it ordered defendant to pay outstanding arrears. See Monmouth County Div. of Soc. Servs. v. D.J.D., 344 N.J. Super. 74 (Ch. Div. 2001). That the cutodial parent failed to comply with orders for DNA testing warrants relief to defendant going forward, but does not negate an obligation he incurred years earlier that he did not timely challenge.

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