Paternity Testing and the Presumption
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Tell me more about paternity testing, please?
During a maintenance inquiry, it is fairly common for a party to allege that they are in fact, not the biological parent and are therefore not liable to pay maintenance. It is then when the Maintenance Court needs to step in to help determine paternity. Presumptions and/ or tests are important, in that the Court needs to determine the truth before making an order concerning monthly child maintenance payments. Should the test confirm that the person is in fact the biological parent of the child, monthly maintenance will have to be paid. Furthermore, should the Court find that the person knew that he was the father of the child but disputed the matter in order to delay any payments, an order can be made in terms of which the arrears and costs are to be paid over by the father as well.
Keep in mind that these tests are expensive and must be paid by the person disputing paternity. However, there is an exception: when the person cannot afford the test. In this case the Court may look at the income of both parties to make a decision as to who needs to pay/ contribute.