What happens if the father has been paying child support and then paternity is later established?
If paternity is established after the father has already been paying child support in the state of Texas, the father who paid the child support will be reimbursed for their payments. This can be done through the courts or via an agreement between the father and mother. In Texas, if paternity is established, the father will then have legal rights and responsibilities related to his child. This includes the right to visit the child and to determine the child’s medical care and schooling. It also includes the responsibility to pay or help pay for the child’s medical expenses and future educational costs, as well as the responsibility to provide for the child’s financial support. If a father is found to be the biological father after payments have already begun, then the court will issue a new court order that explains the situation and will outline new payment arrangements. The court will also take into consideration the fact that the father has already been making payments and make sure that he is not unfairly penalized for that. In Texas, it is important to note that if a father is found to be the biological father, the court will not reduce the amount of child support retroactively. The father will, however, be able to back pay the arrearages that accrued prior to the original court order. This will ensure that the child is not deprived of the financial support they were due before the court order was issued.
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