Parents Fighting Over Child on Swing

Cancelling Child Support After a Negative DNA Test

Child support matters can be some of the most complicated and contention-fraught cases to ever cross a lawyer’s desk. Because Massachusetts child support orders are all but set in stone, cancelling an unfair order after the fact can be an uphill battle for clients – but it may be a necessary one to prevent further injustice. In one recent example, our family law team at Percy Law Group, PC, was prompted to help a man who had been tricked into paying child support for years.

What Happens When Court Orders Are Based on a Lie?

Although it doesn’t happen that often, some parents manipulate their exes in order to receive money from child support payments. As it turns out, that’s exactly what happened to our client, who had been misled into believing he was the biological father of his exes’ child. DNA testing years afterwards proved definitively that the child was not his, which many people might assume would be enough to contest a support order, or even receive back payments.

However, our client heard just the opposite from experts across the state. Multiple lawyers advised him that under Massachusetts law, there were no options to revoke the order. Massachusetts isn’t alone, as the majority of state laws do not account for fathers who discover they were deceived.

DNA Testing and Family Law 

When making an initial child support decision, Massachusetts judges will certainly consider whether you are the biological father, and in some cases DNA testing may be required before the order is issued. But DNA testing is not the only means to determine fatherhood. Signing a formal acknowledgment of paternity is considered equally binding in the eyes of the law, as many fathers willingly consent to care for children that are not their biological offspring.

Because our client did not sign the agreement with full knowledge, however, his case represented a clear injustice. Although it required an unusual degree of legal attention, our Massachusetts child support lawyers were able to obtain a Court Judgment, declaring that he was no longer obliged to pay support.

A Family Law Firm that Cares

At Percy Law Group, PC, we genuinely care about the rights of parents, and about making sure that justice is served for everyone involved. If you’re struggling with a complex child support issue like this one, our team will listen to your side of the story and help you look for a resolution, even if no one else can take on the case.

Call us at (508) 206-9900 for a consultation today! We have more than 20 years of combined experience in a wide range of legal matters.