– from Arthur T. in Hartland, WI

Question Details:

My ex-girlfriend took me to court for child support. I denied paternity. The court ordered me to submit to blood tests. The results excluded me from being the father. Now she is asking the court to order me to submit to further independent testing. Can she do that?

Family Law Attorney Response:

To put it plainly, yes she can. The court can exercise discretion in the matter by ordering further testing, but they may not deny a motion for further independent testing for child support cases.

Such was the case in State v. M.T.D. (In re Paternity of S.J.K.) 132 Wis. 2d 262, 392 N.W.2d 97 (Ct. App. 1986). An alleged father submitted to court ordered blood testing and was excluded from being the father of the child. However, the mother of the child appealed, and the court of appeals reversed the decision of the trial court

I would still advise you to speak to a family law attorney and seek representation in the matter to represent your rights.

Dan Exner, J.D.

Family Law Attorney

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