Paternity Paternity Vs

Paternity vs. TPR (Feb. 2005)

Question: “We have a child that was born out of wedlock. The child was placed into Foster Care. Order for Temporary Support was filed in 02/2003 but no DNA was performed and no administrative affidavit completed. Events do not even indicate any type of service for the civil summons to NCP; whether successful or unsuccessful.

I’m sure there were several forms that the NCP had to sign for TPR, but I am in possession of a copy of a DSS-192 “Biological Parent Statement Regarding Future Contact and/or Inspection of Records” in which he signed on 05/21/2004. That date is the exact date that the TPR order was filed in the courts.

Our case is open for arrs owed to FC. He disputed the paternity of this child back in March, 2004. And per contact with the contracting official’s office, he was told to get an attorney. He states that he signed consent for TPR as the Mother left him and left the child with him and he agreed to give child up. He has now received notification that we have taken his taxes and per office visit from him today, he is still disputing the paternity of this child.

So for recap…we have an order for support, but not paternity and now we have order terminating his rights. Do we or do we not have to back up and perform DNA? Or is this an open and shut case when we get those taxes?”

Answer: According to the DCS Director's Office, a motion for judgment and payment of the child support arrearage should be filed. Through this action, the NCP can bring up any/all issues that he may have. The order for support is valid and the arrearages are collectable until the court determines otherwise.