Can you get a Refund if the child you support isn't really yours?

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You did the right thing when your girlfriend came to you with the news she was pregnant—you signed an admission of paternity (conveniently provided to you by your local district attorney) and started making the obligatory monthly child support payments.

Now, your girlfriend wants to break up and wants nothing to do with you. And oh, by the way, she has a news flash for you. You know the child you've been supporting? The little girl who's been calling you daddy and snuggling on your lap? The child you've been buying birthday and Christmas gifts for over the last six years? Guess what, sucker, you're not the baby's daddy after all.

What now? What about the over $20,000 in child support payments you've made over the past six years? It sure adds up fast, doesn't it? Are you entitled to get that money back?

The answer, unfortunately in today's legal environment, is no. In fact, under the laws of most states, even if you find out the child you've been supporting is not your biological child, you will still be on the hook for child support until the child reaches 18.

More often than is widely known, a paternity case may turn out to be the kind of situation where nice guys actually finish last. Mothers who are receiving state aid are required to provide the district attorney with the name of the child's father so that the county can recover a portion of that aid through child support payments. Mothers who are not receiving state aid can also go to the district attorney for assistance in collecting child support payments.

Unfortunately, studies have shown that, for a variety of reasons, including fear, wishful thinking, or not wanting to be joined for life to the jerk who is the baby's daddy, single moms may provide the DA with the wrong name in connection with a child support claim. And many men, having absolutely no reason to doubt that the child belongs to them, do the right thing and start making those monthly payments, no questions asked.

Under the laws of most states, once a man has signed an acknowledgment of paternity and a judgment of paternity has been entered by the Court, it's a done deal and there's no turning back. In the eyes of the law, a father-child relationship has been established.

For obvious reasons, legal movers and shakers have no reason to want to change that. They are interested in collecting child support payments from a father. Unfortunately, in some instances, any father will do. Once you're on the hook, they have no reason to want to let you go.

But, paternity has been voided in some cases where there is strong evidence that the man in question is not the father. The men involved were able to obtain scientific evidence through DNA testing that the child truly was not theirs and they were able to convince the DA or the courts to make an exception.

The lesson: All men faced with a claim of paternity should request DNA testing before admitting paternity or signing anything. This is your legal right. And, it holds true no matter how much you trust the mother of your child. Trust has little to do with it.

It is an obligation you owe not only to yourself and to the child's mother, but to the child as well. Paternity has implications that reach far beyond an obligation to make monthly child support payments. The father-child relationship carries with it strong emotional and psychological bonds.

Beyond this, once a man is legally adjudged to be a child's father, he can have his wages garnished for child support and can be court-ordered to seek employment. He can also be criminally prosecuted and do jail time if he fails to make child support payments. Also, under the laws of most states, the child will be obligated to support the father if he becomes incapacitated. And, unless specifically excluded by will, the child will be entitled to share in the father's estate after he dies. Thus, as one court noted, the implications of a father-child relationship "reach beyond the grave."

So start things off on the right foot and get the paternity issue settled at the outset. Once you're on the hook for child support, it may very well be too late to turn back the clock. If at some point down the road evidence surfaces that the child may not be yours, good luck trying to get your local district attorney to agree to a DNA test at that point. It ain't gonna happen.

Bottom line: Will you be entitled to a refund of child support later on, if it comes to light that you are not the child's father after all? No. Can you undo the emotional damage to you and to the child? Probably not. Your child deserves to have you go into this with your whole heart. So, take care of the legal stuff now, put it behind you, and get on with the business of raising your child.

Comments

i have a co-worker that is divorced from her husband and he has custody of their children. Her son who is 17 has not been in school for the last year and his father knew this and dropped him out of school. she has been paying child support for this child over the last year and did not know he was not going to school. My question is is there anything that She can do through LegalZoom to get her last year of payment on that child back or how does she go about terminating that portion of her child support payment to the husband.

Thanks for your inquiry. We do offer child support modification services that may be able to help you. Please call us at 877-657-8787 so that we may promptly assist you.

CAN I FILE A LAWSUIT AGAIST A.G OFFICE FOR MANY DIFFERNT REASONS

Hi Kenneth, this is a great question however since we are soley an online document preparation service, we can't give specific legal advice regarding lawsuits. We can help you find an attorney that can give you more guidance on this topic. Please feel free to refer to http://attorneyconnect.legalzoom.com to search for an attorney in your area.

I was notified by forwarded mail to take a paternity test from the state of Oregon in 1990 while working in Anchorage, Alaska. I responded by phone and spoke to a representative immediately. I explained that I did not sleep with the woman within 2 months of the conception date and asked to take a paternity test in Alaska. I was told there were not any labs in Alaska that were recognized by the state of Oregon. I then asked how to go about resolving the issue of paternity, and was told that I needed to make it to Oregon. I told the representative that I would be back in Eugene, Oregon in September to attend Lane Community College. The man said that I would be within the timeframe to still take the test. I arrived in Eugene in September as agreed and found that they filed with the court in my absence. I was told it was too late. My checks were garnished and I was broke.I paid for a paternity test that says 0.00 probability of fatherhood and submitted it to 7 or 8 caseworkers and supervisors, nothing happened but sorry we know its a mistake. The states administrative law judge overturned it but now the state denied validity because he was not a circuit court judge. Still struggling financially and state is coming after me. Woman admitted to me it was wishful thinking that I was the one in '91 and to caseworkers since '98. I dont have lawyer money, I have a child of my own and I struggle to put him #1. Any ideas?

Thanks for your inquiry. Just a reminder: LegalZoom makes it easy and affordable to create your own legal document, but we don't give specific legal advice. We can help you find an attorney with our attorney referral network: http://attorneyconnect.legalzoom.com

My son turned 18 years of age on October 28, 2004, and graduated from High School in May of 2005. Child support was withheld from my pay until i requested termination of support by the Court in January 2005. 7 months of of Child Support was overpaid and not returned. Can i get that money back? It was $1000.00 per month for a total of $7000.00.

Thank You,

Thanks for your inquiry. Just a reminder: LegalZoom makes it easy and affordable to create your own legal document, but we don't give specific legal advice about child support payments. We can help you find an attorney with our attorney referral network: http://attorneyconnect.legalzoom.com

I'M GETTING MARRIED TO A MAN, THAT HAS TWO KIDS. MY HUSBAND TO BE PAYS CHILD SUPPORT ON TIME FOR HIS KIDS. MY
QUESTION, WHAT IF HE GETS SICK, OR INJURRED, WORST YET; HE CAN NO LONGER WORK, AND IS UNABLE TO PAY CHILD SUPPORT. AS A WIFE, WILL THE CHILD AGENCY DEEM ME RESPONSIBLE FOR PAYING CHILD SUPPORT FOR HIM?

If a female knows that more than one person could be the father of her son and she just picks the guy she knows would be a great father and don't tell him that he may not be the father.So the guy signs the bc thinking he is the father but DNA now 5 years later saying he no... can he get all his support back and can he sue her for taking the money under fasle pretenses because she knew there was others that could be the Father there should be a law that you have to tell anyone that could be the father this guy is heart broken

Thanks for your inquiry. Just a reminder: LegalZoom makes it easy and affordable to create your own legal document, but we don't give specific legal advice. We can help you find an attorney with our attorney referral network: http://attorneyconnect.legalzoom.com

If your not the father.
Then isn't it fraud, the mother faslified alegal document. The money is being taken under false pretense. So why would you still be liable? That makes no sense.

If you are found not to be the father. Then why isn't it fraud, the mother falsified a legal document, the support is being taken under false pretense. How and why would you still be responsible or liable for the support?

Good Day,
19 years ago my husband and I seperated and I had a relationship with another man. My husband & I got back together and a few months later I found out I was pregnant. My husband signed my sons Birth Certificate and we lived as one big happy family with our 2 other sons. Years later we divorced and my husband had to pay child support. Now many years later, my youngest son found out that someone else may be his father.

If I have a Paternity test done and it proves that the other man is his biological father, will I be responsible to re-pay the child support to my ex-husband from years ago??? If it helps I live in Illinois..

Please Help!!

BULL if you find out its not yours you do not have to keep paying child support.....!!!!! I know this for a fact!!!

I keep readimg how so ppl say suck it up and get on with being a parent an raise your child. First off I raised my child and paid childsupport with no regret as of this day she will always be my child. My resentmernt is now after 25 years of her knowing there could be another father it was that my daughter wanted to know and made her mom get the DNA test which now shows im not the father . Now you tell me how I am supposed to feel. Your whole world gets ripped from you years later by some money hungry B--- so called mom. The living hell I went through with her garnishing wages with the fact I won in court because I payed my support an did so till the last day but she had the court involcved when in fact child support was always payed but that still didnt end her nagging for money even tho court was payed the money and if she didnt get it she was on my tail about it causing problems but now but all I could say was go to the court an get I payed . Just seem like I should have the right to sue her butt for false pretense like Tom stated above the whole time I was being the responcable dad she sits back an collects my life savings for someone else to be scott free of there responcabilities an now will start getting the pleasure of a child that they didnt have responcability for .. I always will stay her father and she knows this but I sure as %^$%^ would like to bring a no good mom,dont want to say on her how I really think of her but all in all its not fair to neither of us that she live her life as nothing happen and gained all the money as im sure she used on her behalf some of it. As she was married 2 more times after our divorce. Thanks lady for bringing my whole life to a deminishing state now I would have rather not known than have my life smashed at this point. But to my daughter I will Love You Always you are mine.

In the state of MS,Married man has a affair with married woman, child is conceived, Married woman's husband signs BC and takes full responsiblity, Married man seeks paternity and is told that it is his child, and is ordered to pay CS..How is this possible I thought if you were married legally and conceived a child whether it was the husbands or not he was the father. Married man is now paying child support on a child who he really wants nothing to do with does this child have to be adopted by the father listed on his BC? or is he still the childs father legally. If it helps the child is 2yrs old

My friend been married for 2 years now , question is dose her kids father have to continue paying childsupport .Her new husband is now taking full responsibility for her kids, Or do he still have to pay ???

Hello there, i have been with my girlfriend for 6 months, and we did have unprotected bond,then i find out that he was dating a diffrent guy at the sametime, now my girlfriend just had a baby and she saying the baby dady is not me,what should i do?

Yes, it is fraud...but no there's no laws against it. My ex swore I was the only possible father and I stepped up to the plate. Two years and 15-20K later, I am ordered to pay support...though TWO paternity tests have cleared me. The hearing officer wouldn't accept the first one because it was older than 90 days, but refused to court order a test telling me to go pay another 200 for a new test that says the same thing.I work out of town too, so every court hearing costs me a week's pay. I didn't get a lawyer because I've already spent so much and now I'm broke.
Now when it really comes down to it, its all about the kids right? Not in Florida. The child is a year and a half now and her mother (who hasn't worked in two years) can't collect from the real father because the court has been screwing around with my case. If I get a court date soon and am cleared, it will be another year of legalities before she gets paid.
So the mother, who knew there were multiple father possibilities, purposefully conceived and held to a lie, causing irreparable emotional damage to the alleged father, lack of care for the child and a lot of the courts time and money.
Can I sue for the 20K this cost me? Sure, but even if the judge agrees with me I'll never see anything from her.
We need legislation in America for:
1. Requiring a woman to pay for paternity tests...if its positive, the father pays it back along with child support obligation. Women will be less likely to make up fathers if they have to take responsibility for what they do.
2. Affidavit for paternity scrapped. This is a misleading and incredibly damaging piece of paper...when you just cut the cord on your kid you really can't emotionally handle making the decision to sign or not. MANDATORY PATERNITY TEST FOR EVERY ALLEGED FATHER!!!

If a female knows that more than one person could be the father of her son and she just picks the guy she knows would be a great father and don't tell him that he may not be the father.So the guy signs the bc thinking he is the father but DNA now 15 years later saying he is not... can he get all his support back and can he sue her for taking the money under fasle pretenses because she knew that he wasnt the father.

I keep hearing and read the wrong thing about child support and you not able to get the money back, it is only true after a certain amount of time. But if the court made a mistake the first time it was filed it is call neglect by the state and they can fix the problem, they don't want to pay out anyone, but they have to so the way they try to do it is say we will credit you.... I get tired of lawyers saying their is no way, they say the when you file anything, and as people go research the laws and find the law that talks about what to do.



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