Child Support After Paternity Testing: The Results Are In. Now What?
Whether the test is positive or negative, the legal obligations don't change automatically. Steps to establish retroactive support or correct the public record.
Legal Review: This post-testing guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the Family Law Rules regarding Declarations of Parentage (2026).
Immediate Legal Steps After Testing
A DNA test result is just a piece of paper. It does not automatically start or stop bank transfers.
If Positive (99.9% match): You must apply for a 'Declaration of Parentage' to amend the birth certificate and file for retroactive Child Support.
If Negative (0% match): You must file a Motion to Change to terminate any existing support order and remove your name from the birth registry. The Family Responsibility Office (FRO) will continue enforcement until they see a new Court Order.
Establishing Paternity & Support
Declaration of Parentage
The first step. We ask the court to formally declare you the biological parent. This allows us to amend the child's Statement of Live Birth.
Retroactive Support
Can you claim support for past years? Yes. Courts often award support back to the date of birth or the date specific notice was given.
Section 7 Expenses
You may also be liable for a share of past daycare or medical costs. We calculate the retroactive amount based on historical income.
Decision-Making Rights
Paying support usually opens the door to rights. Once paternity is established, you can apply for parenting time (access) and decision-making power.
The 'Back Pay' Calculation
How far back will the judge go?
The Recipient's Claim
If the father evaded testing or hid his location, the court can order support retroactive to the Date of Birth. The logic is that the child should not suffer because a parent avoided their duty.
The Payor's Defense
If the mother delayed asking for support without good reason, the court might limit retroactivity to the last 3 years (Supreme Court D.B.S. rule) to prevent crippling debt.
From Lab Result to Court Order
Receive Lab Certificate
Ensure the test is from a Standards Council of Canada accredited lab. 'At-home' kits are not admissible in court.
Settlement Conference
We present the result to the other party. Ideally, we sign a Consent Order establishing/terminating parentage to avoid a trial.
The Motion (Form 15)
We file the formal motion to update the support amount. If positive, we calculate arrears. If negative, we stop enforcement.
Update Vital Statistics
We send the Court Order to the Office of the Registrar General to formally add or remove the father's name from the Birth Certificate.
Post-Testing FAQs
No. The FRO requires a signed Court Order Terminating Support. You must keep paying until that order is signed, or you risk losing your driver's license.
Yes. If paternity is established (or disproven), the court can order a name change on the birth certificate to reflect the biological reality.
Usually, the party requesting the test pays upfront. However, if the test proves the other person lied (e.g., you are the father and she denied it, or you aren't and she said you were), the court often orders them to reimburse the cost.
Deepa Tailor
Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She helps families navigate the complex legal adjustments required after DNA testing, securing retroactive payments and correcting birth records.
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