Texas law now gives men the opportunity to contest paternity and end financial obligations. Until this spring, it was nearly impossible to reverse alleged mistaken paternity even if a DNA test later showed no relationship to the child.
To have a child support case considered, a father must file a petition, attend a hearing to determine if proof exists to support the case and take a court-ordered DNA test. If the test shows that the man is not the father, upcoming child support requirements will be terminated.
Legal Right to Challenge Child Support Obligations
Signed into law on May 12, 2011, the paternity bill (SB 785) allows men, who believe they were wrongfully declared fathers, the opportunity to try to reverse parental rights and legally terminate future child support responsibilities. However, future is the keyword.
Courts are looking to the future not the past when making paternity decisions. If a father succeeds in proving no relationship to a child, he will not be reimbursed for child support payments already made. Additionally, he must fulfill his obligations to make any back child support payments due, including interest.