Can paternity in Oregon be overruled if the father finds out his ex was cheating on him?

[starling]

About 12 years ago my boyfriends ex (they have one definate kid together) was cheating on him with his brother. (She got pregnant a second time) He didn't know the 3 year affair was going on until the child was about 2 years old. A blood test has never been done and she has admitted that the child isn't his. However, she will not allow a paternity test to happen and he has been stuck paying anormous amounts of child support for the past 11 years. He has tried contacting a couple family attorneys in which all state pretty much the same thing. "that too much time has gone by to have paternity overruled according to Oregon State laws" Feeling hopeless that there isn't anything he can do, he's been paying the support when he can and unfortunately have had things come up where he was un able to pay the ordered amount off and on through out the years that it has caused him to be $46,000 behind. I can't believe that this would be the case and was wondering if anyone out there can help or have any advice to resolving this matter?

[cadby]

The father is out of luck. If he has been the child's legal father up until now, no court is going to take that fatherhood away from the child....that means he is stuck playing daddy. Frankly speaking, your boyfriend isn't exactly all that bright as all he had to do to get a paternity test done was to go to court to ask for it...the court would have made the child's mother produce the child (as well as herself) for the test because if she did not, she would be held in contempt-of-court. And if the test was court-ordered, there is nothing she could do or have done to prevent such a test!

As for the child support, that is a lot of money and it sounds like he hasn't paid for years...four or five years. If your boyfriend had hardships (ie. lost his job), he should have gone to court to ask for his child support to be reduced but it sounds like he didn't do that...and quite obviously, he didn't pay. Your boyfriend could go to jail for that and he could lose both his driver's license and his passport. Frankly speaking, I am surprised he hasn't already been arrested.

I think you are too trusting and you shouldn't believe everything your boyfriend tells you as it may not be true. And that $46,000 child support debt is a very bad thing...it speaks volumes about your boyfriend's character, none of it good. I think you need a new boyfriend...because how he has treated his children's mother is exactly how he will treat you when he finds himself a new honey. Good luck and God bless.

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Addendum: Your boyfriend may not be able to remove his paternity from this second child but he shouldn't be so sure that the child isn't his. His ex may have lied just to hurt him or to convince him he shouldn't want his visitation or to apply for custody. He should get that dna test done through the courts and if he is not the child's father, he could consider suing the mother for fraud. He will always be the child's legal father (regardless of paternity) but that doesn't mean he can't sue the child's mother for deceiving him.

[menw]

Jamie

Not unless biologically the father is NOT the father/ A simple DNA test can verify paternity. The father can get a court order to determine paternity. I can understand that the money is gone, and cannot be recovered.... but I would be very doubtful that an attorney could not petition the court for a determination of parenthood at any point in time.

If this is a 'friend', maybe you should make your own contacts. You may be getting a bit os a 'story'. It just does not sound plausible.

Soccerref

[valentino]

The attorney's are right. It is what it is...maybe he should have been paying his support regularly instead of trying to find ways out of it...

[aingeni]

The attorney's are right. It is what it is...maybe he should have been paying his support regularly instead of trying to find ways out of it...

paternity tests will prove who the father is
if this is between brothers, that might be a bit more tricky

[orlondo100]

In general, the law opposes reducing a child's rights. Thus, courts do not usually order paternity testing for spouses when they divorce. It is unlikely that a court would order paternity testing at this time for your boyfriend after he has acknowledged paternity (by his occasional payment of support) for many years.

He may want to discuss with his attorney what his options are concerning the child support debt. This will not go away just by ignoring it for a few more years. He is risking a lot.