Paternity Test Question -- Help!!

[Cowgirl]

So here's the situation...

My fiance' has this ex who recently resurfaced in his life about 2 years ago... about six months after we started seeing each other. It seems she claims to have his daughter and he owes back child support.

From what he's told me, she showed up at his work (after they'd broken up) with a baby claiming it was his. He said once a paternity test was done, they'd settle things. Nothing was done. She went to ... whom ever, and filed for child support against him. He went to court, the judge asked if it was his, he said no. No paternity test was court ordered. The paperwork to deny/contest paternity was "lost" by the DA. (I never got it, the DA said.) He moved, life went on, and then he was being served for back due child support that was based on an income he was no longer making.

The DA is being very unhelpful.

He's tried to get the child support adjusted down, because the judge based her original figures off an income that was effectively double what he makes now... mind you the mother isn't hurting for income, she makes double what he does.

Saddly, from what his mother has told me, and what he's told me, this woman could care less about her daughter, she strictly wants to get my fiance' back and if she can't have him... well then in her mind, no woman can. So she'll do everything she can to make him misserable and undesireable.

She wanted child metigation involved for visitation. He went and said to her (infront of the two mitigators) "I have wanted what I wanted from the start -- a Paternity test. Prove to me it's mine, and I will happily set up appointments to spend time with the child, but without you. I left you for a reason and your behavior in the waiting room only reinforces why I did what I did." and I guess her repsonce was, "Fine! I don't blame you for wanting a paternity test anyway, after all we weren't together at the time." (I can only imagine the faces on the mitigators after she said that.)

Okay. So here's the question.

The courts have ruled that it's his child.
She has conceeded to a paternity test.
All he's ever wanted was to know for certain whether or not it was his. If it's his he's willing (we both are) to accept his role as the child's father. However, if it's not his he wants to file to have the money back and a restraining order put on her to leave him, his ex-wife, his mother, and me alone. (You don't want to know what she did to his mother and his ex-wife.)

The DA has said the courts will not acknowledge any outside DNA testing. That he has to file to open the records/reversal of judgement, and then petition to have the DNA testing done.

How can we get the courts (without having to file for BK) to acknowledge that both parents are willing to pay for a DNA test to put the whole family at peace as to whether or not this is my fiance's daughter. Is there some chapter we can look up to quote to the judge at the next hearing? Is there some "aide" somewhere. We can't afford an attorny, we can't even afford the paralegal's costs.

Some how this seems wrong. If both parties are willing to have a DNA test done, and there are a number of certified labs that are recognized by the courts for providing reliable results how come they just can't get the paternity test done. And /if/... if it turns out to not be his, can't she just drop the case?! We already can barely keep the roof over our head, let alone the legal aide's cost for filling out and filing all the forms with the courts.

My concern in all of this is for the child. If this is his child she will be welcomed into our family, introduced to her half brothers, etc, however if all this woman is doing is trying to manipulate him and it's not his... well, I will not hurt my family for some woman, and worse... I'll feel horribly sorry for this toddler who is being treated as nothing more then a tool by her mother.

--Concerned Mother