Colleagues - I'd appreciate the benefit of experience in actions under NJSA 9:17
-45 to challenge paternity. The presumptions of 9:17-43 don't apply. However the client has been paying court-ordered child support for several years. Under 9:17-41 proof of fraud must be by clear and convincing evidence - what I am not able to determine is whether that proof must be presented
in order to get a DNA test, or whether the test would be granted on his certification of fraud and the test results themselves, if as he expects, would provide the clear and convincing evidence. Any thoughts? Thanks!
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C. Megan Oltman Esq.
Princeton NJ
(609)947-0784
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