Paternity testing can determine a man is the father of a child named in a child
support order. However:
This does not apply to judgments of dissolution, legal separation, or nullity.
Depending on a man's circumstances, there is a time limit that a man can ask the court
to cancel the paternity
judgment where he was named the
father. Or, a man can ask the court to cancel the voluntary declaration of
paternity that he signed.
To start the process, you must file a motion with Family Court in the county where
the court order is currently
registered. You should contact
the Department of Child Support Services for more information before you
decide to file a motion. They may arrange paternity testing for
If paternity testing shows the man previously determined by the court to be the father
is not the biological father, the court may cancel the paternity judgment or voluntary
declaration of paternity if it believes it is in the best interest of the child. In that
situation, the court may stop any future child support and eliminate all past-due child
support owed (arrears).
Child support already paid will not be refunded.
You are not eligible for consideration if:
You were married to each other and living together when the child was conceived.
Your court order was established in a state other than
You adopted the child
Your child was conceived by artificial insemination
Your child was carried by a surrogate mother
Note - there can be other circumstances which make you ineligible
For help or more information, contact the Department of Child Support
Services or the Family Law Facilitator.