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Wait too long with DNA paternity testing and you may be stuck with child support

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October 14, 2009 at 12:11 pm


Law Lessons from VIVIAN QIAN V. WILLIAM WANG, App. Div., A-1873-08T1, October 14, 2009:

In this case, despite having some doubts about paternity, defendant did not pursue DNA testing until 2006, after the parties and their child had been living as a family for over a decade. If defendant had doubts about paternity, which he admittedly did, he should have pursued the issue when his doubts arose. Instead, he waited more than a decade, raising the child as his own, inducing plaintiff and the child to become economically dependent on him, and becoming the child’s psychological parent. Due to the passage of time, there is no realistic possibility of finding the child’s biological father or of obtaining economic support from him. Accordingly, the court affirm the judgment awarding child support. See Miller v. Miller, 97 N.J. 154, 167-68 (1984); Ross v. Ross, 126 N.J. Super. 394, 398-99 (J.D.R. Ct. 1973), aff’d o.b., 135 N.J. Super. 35 (1975); Monmouth County Div. of Social Services v. R.K., 334 N.J. Super. 177, 195-96 (Ch. Div. 2000).



See related Blog Post, published in the New Jersey Family Law blog.





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