Parenting is a collaborative endeavor, and this is true whether a couple is married or divorced. The law reflects the collaborative approach, requiring divorced parents to contribute to their child’s support even after the separation. Child support can be one of the most important aspects of a divorce.

Some parents, however, feel they are unfairly paying support to children who are not theirs. In many cases, paternity is not an issue. But enough paternity disputes have arisen in the context of child support arrangements that the New Jersey State Legislature has taken notice. In particular, Gilbert Wilson, a member of the General Assembly, has introduced a bill that would attempt to settle all questions of paternity by performing a DNA test on a baby, its mother and putative father.

Wilson admits that the bill is not in its final form and he is amenable to changes. But under the current version of the proposed legislation, a man who is determined not to be the father would not be responsible for child support. In addition, if a man who has been paying child support later discovers through the test that he is not the child’s biological father, he can petition to have his payments returned to him.

Proponents of the bill include fathers’ rights supporters, who believe that judges should be restrained in child support cases involving paternity issues. They argue that the legislation would provide bright-line guidance to courts and secure fairer outcomes in child support disputes.

The legislation appears to have a difficult road ahead, however. Similar legislation has not been enacted into law in another state, and some in the New Jersey State Legislature are not enthusiastic about the bill’s prospects. It is currently not scheduled for a vote in the General Assembly.

Source: The Star-Ledger, “N.J. legislator proposes bill requiring genetic testing for all newborns, parents to verify paternity,” Matt Friedman, Mar. 1, 2012.