In a Decision – S.K. v. P.D., (a "Reported Decision") >> the Court Held:
The Trial Court stopped child support but maintained back/previously due
owed child support for an adult who is not the Father.
The Trial Court’s findings were that previously owed child support remained due even if no new child support is due. A genetic test concluded that there was no probability that Defendant was the child's biological father. Based on the results, the court granted Defendant's application in part, disestablishing paternity and terminating defendant's ongoing support obligations. The court declined to backdate the termination to the filing date of Defendant's application, noting that Defendant had failed to move quickly to bring the matter to resolution. The court found no legal authority to support the proposition that arrears could be vacated due to a lack of parental relationship or proof of lack of a biological relationship. The court held that Defendant's failure to demand paternity testing before signing the certificate of parentage meant that he should bear the consequences of having to support the child until it was established that he was not the child's biological father.