Question posted in the Family Law category relating to Gauteng
Question value: R 250.00
I was approached by a woman claiming that her 5 year old son is mine. She asked if I woukd do a paternaty test. I want to know can she hold me liable for back payments and what are my options if I do not want to be involved with her or the child?
I do not mind paying for the child going forward but I do not want to be part of their lives. She told me she was pregnant back then but then told me it was her ex boyfriends child
Answer to the Question
Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.
First, I think that it is important for you to know that while she can't force you to submit to a paternity test, a court of law can. She will obviously need to convince the court that you could be the father, and that a DNA test is necessary.
If you are found to be the father of the child, then you can be held liable for arrear child maintenance, but only for the past 3 years. Anything older than that would have prescribed, and you would have a defence against that.
And yes, she can hold you liable for maintenance moving forwards.
There is no legal obligation on you to be a part of their lives. It is a personal decision. If you decide that you do not want to enforce your parental rights, you don't need to.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
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