I would say talk to a lawyer specializing in family law...
Can the state take money from you if the paternity hasn't been proven? wll they are doing it, so i'd say the answer there is yes...
doing some googling on what constitutes paternity in texas -- brought back this definition... and sounds like presumed paternity can be overturned with the result of a negative DNA test.
http://www.weblocator.com/attorney/tx/law/c17.html
Quote:
Under Texas parentage law, a man is presumed the father of a child if:
He and the child's mother were married to each other at the time the child was born or the child was born within 300 days after the marriage was terminated
He and the child's mother attempted to marry before the child was born, but the marriage was void or voidable, and the child was born during the attempted marriage or within 300 days after the attempted marriage terminated
He and the child's mother married or attempted to marry after the child was born and: (1) he filed a written acknowledgment of paternity, (2) he was named on the birth certificate with his consent, or (3) he became obligated to support the child by court order or his written promise
While the child was a minor, he openly held out the child as his natural child and received the child into his home
He consented to being named as the father on the child's birth certificate
Some of these presumptions may be overturned by an action to declare the existence or nonexistence of the father and child relationship. A suit to contest the presumption that a man is the father of a child must be filed while the child is a minor
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