Good afternoonI was approached by a woma...

Asked by Wasbeertjie on 10-04-2019 15:48:49
Question posted in the Family Law category relating to Gauteng
Question value: R 250.00

Good afternoon

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?

Thank you

Further information relating to Question:

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

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Answer to the Question

Posted by Att. Patrick on 10-04-2019 23:22:20

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.

Att. Patrick

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