How do I prove that I am not the father?
If you think that you may not be the biological father of a child/children for whom you are being assessed to pay child support by the Child Support Agency, you can apply to a court for a declaration/order under Section 107 of the Child Support (Assessment) Act 1989.
However, you will have to prove to the court that you are not the biological father of the child with a DNA testing report. You can get this from an accredited DNA laboratory.
The Child Support Agency will not accept a DNA test report that shows that you are not the father of the child. It will only end your liability to pay child support if the court makes a Declaration to end it or the mother tells the Agency to end it.
Before starting court action see if you can work it out with the mother. The mother may agree to undergo parentage testing, especially if you agree to pay for the cost of testing.
Do not delay trying to work this out as the time you take to request DNA testing is a factor considered in these court applications.
If you have to go to court get legal advice first.
How do I prove who is the father?
If the Child Support Agency will not accept your application for child support because you do not have proof of paternity, you may need a declaration from a court under section 106A of the Child Support (Assessment) Act 1989 that you are entitled to child support.
If you are receiving social security benefits for the child, Centrelink will require that you take 'reasonable action' to get child support or you may lose some of your benefit.
Legal Aid Queensland may be able to assist you with obtaining proof of paternity. If you are not certain who is the father, legal aid is available to conduct parentage testing with two alleged fathers.
Contact Legal Aid Queensland for advice or your solicitor.
Acknowledgement - Prepared using fact sheets which are copyright to the Commonwealth of Australia and National Legal Aid.