The Application of Some Precedents May Lead to Unfair Results

In a recent case out of Texas, a man, Gabriel Cornejo, was ordered to pay 16 years of back child support for his ex-girlfriend’s child even though the man was not the biological father of the child.  Indeed, the man had never even met the child before being served papers for child support and he claims that he didn’t know that a court had determined 16 years ago that he had to pay child support to the child.  However, the child’s mother refutes Mr. Cornejo’s claim that he did not know about the child.  According to her, Mr. Cornejo ignored an earlier subpoena sent to him about the case.  Later, it was proven though DNA evidence that Mr. Cornejo was not the biological father of the child.  But Cornejo was still responsible to pay the $65,000 in back child support payments that accrued before the DNA test proved the child was not his.  Why did the court reach this result?  In Texas’s family code, Chapter 161, even if a man later proves that he is not the biological father of a child he will still owe support payments that accrued before the paternity test proves otherwise. Being made to pay child support arrears for a child that is not your child or one that you may not have known existed may be unfair, but it is important to know what the laws are so that you can respond appropriately.

https://www.aol.com/article/finance/2017/07/24/man-ordered-to-pay-65-000-in-child-support-for-kid-that-isnt-his/23045446/