A child brought a motion to vary an earlier interim family law order to obtain interim child support, interim disbursements, DNA testing or alternatively a declaration of parentage, and to vacate a non-contact provision.
The court found a material change in circumstances based on the absence of a pending trial, deterioration in the child’s financial circumstances, the respondent’s continuing disclosure failures, and the respondent’s renewed reliance on paternity uncertainty.
Applying the statutory child support scheme, the court held that the parents’ prior agreement could not bargain away the child’s right to support, imputed income of $200,000 to the alleged father, and ordered interim Guideline support retroactive to April 1, 2014.
After the respondent stated he would refuse DNA testing if ordered, the court drew an adverse inference from that refusal and the surrounding evidence, and made a declaration of parentage.
The court also ordered $50,000 in interim disbursements, vacated the prior non-contact order upon filing of an undertaking, and adjourned the motion to strike the Answer while giving a final deadline for disclosure.
