The New Jersey Supreme Court has established 11 factors when granting or denying genetic testing in contested paternity proceedings pursuant to N.J.S.A. 9:17-48(d). The weight given any individual factor and its interplay with other factors depends on each case. D.W. v. R.W., N.J. (2012); October 1, 2012
He doubted whether he was the father of their child. However, he waited for more than 10 years to pursue DNA testing. This was after the parties and their child had been living as a family for over a decade. Accordingly, the child support order is affirmed on appeal.Qian v. Wang, New Jersey App. Div., October 19, 2009
Even though the New Jersey judgment of divorce was entered in 1980, the final restraining order was entered in the 90's and both children are now in their thirties, the ex-wife wanted child support arrears, paternity testing, an accounting and termination of a final restraining order prohibiting her from having any contact with the ex-husband or his family members. The New Jersey divorce judge denied all these applications, ruling that the ex-wife had no standing to seek the testing because the money had been disbursed to the daughter twelve years earlier, and the daughter, who was now 35, could make the application herself. The child support arrears claim was dismissed because support payments ended 12 to 14 years ago and no records were produced to support the claim. Finally, the ex-wife did not produce any evidence to support her request to vacate the final restraining order.Donofrio v. Donofrio, New Jersey App. Div., August 23, 2007
May the Parentage Act’s statute of repose, N.J.S.A. 9:17-45b, be equitably tolled to allow the filing of a child-support-reimbursement complaint against the biological father 8 years after the repose period had elapsed ? Under the facts presented here, the doctrine of equitable tolling is not applicable and the action against the biological father is barred by the Parentage Act's statute of repose. The trial court was correct in dismissing the paternity claim.R.A.C. v. P.J.S., Jr., et al., New Jersey Supreme Court, ___ N.J. ___ (2007); July 9, 2007
The New Jersey divorce judge properly considered the factors in Gubernat v. Deremer, and justifiably granted the father’s application to change the name of his son from O’Reilly, the mother’s surname, to O’Reilly-Spencer. Although the parties never married, and the father initially did not appear supportive of the pregnancy or necessarily believe the child was his, he later scheduled a paternity test which established that he was the boy’s biological father, and began spending time with him and voluntarily paying child support.O’Reilly v. Spencer, New Jersey App. Div., January 25, 2007.