Can a DNA Paternity Test Be Required Before Child Support Starts?

If you are told you are the father of a child and you are not sure, it is natural to ask for a DNA test before you agree to pay anything. You may also be worried about what happens to your finances while the question is being sorted out.

This article explains how parentage and child support connect in Ontario, what is known about payments while a dispute is going on, and what to do if you are served with papers. It does not predict how a court will treat a refusal to test, because that turns on the facts and the court's discretion, and you should confirm it with a lawyer.

Why parentage is the first question

How parentage affects a support claim in your situation is worth confirming with a lawyer.

For children conceived through assisted reproduction, a person who provides reproductive material is not, by that fact, a parent, and the birth parent's spouse at the time of conception is recognized as a parent unless a written agreement before conception says otherwise. So a DNA result may be central in some cases and less important in others.

Testing: what you can say and what depends on the case

Many people assume a court can simply order a test and punish a refusal. Whether and when a court will order testing, and what conclusions it may draw if a person refuses, depends on the statute and the facts. Those details should be confirmed with a family lawyer before you rely on them.

What you can do in practice is raise the issue early and in writing. Some people agree on a private test between themselves. Others ask the court to deal with it as part of the case. Which route fits your situation is worth confirming with a lawyer before you collect samples.

• Do not assume that ignoring the request will make it go away. A case can move forward without your input.
• Do not assume a refusal is harmless. The consequences of refusing depend on the court and the circumstances.
• Keep copies of everything you send and receive about the test.

Do you have to pay while the question is open?

This depends on whether there is already an order or agreement. Whether a court will order temporary support while paternity is disputed turns on the facts of the case, and a lawyer can tell you how that is likely to play out.

If a support order already exists and is being enforced, the rules are clearer. The Family Responsibility Office tells payors to keep paying until it says in writing that they can stop. Support ends through a court order, a terminating event both parties agree on, or a written agreement between the payor and the recipient. Only a court can change the amount, and FRO says it cannot change what a payor pays.

Missed support is called arrears. A payor who is behind should contact FRO right away, and can work out a voluntary arrears payment schedule. How missed payments are treated if paternity is later disputed depends on your situation, so it is worth confirming with a lawyer.

Comparing your options

What to do next

Acting early is usually better than waiting. Missed payments can build up as arrears.

• Read every document you were served with and note any deadline to respond.
• Write down the timeline: when you knew the other parent, when the child was conceived and born, and what you have been told.
• If an order already exists, remember that FRO tells payors to keep paying until it says in writing that they can stop, and that support ends through a court order, an agreed terminating event, or a written agreement between payor and recipient.
• Contact FRO right away if you are falling behind.
• Speak to a family lawyer about testing, temporary support and how to raise the paternity issue in court.

Frequently asked questions