Can you sue for child support back when you find out a child isn't yours?
Even though the father signed the birth certificate when the child was born.
Answers:
Insufficient detail for a meaningful response. But it's a given that child support is non-refundable. Worry more about the fact that in some states, once you start paying child support, you can't stop unless the child is adopted. Even if you find out the child is not yours.
Depends, if you were not married, maybe, but if it has been a few years and especially if you live in the people's republic of california, no way.
If you were married, it is your kid no matter what.
if hes been in his/her life then yes he can because he was apart of their life and he was mislead. and if he signed the birth certifte then yes he can bc he was misleaded and he thought he was the father.
It is called acting in loco parentis. He has acted and assumed the role of father without requesting a dna test so no he cannot.
In fact he may be liable for continued support.
EDIT: Don't you love it when people give you a thumbs down just because they don't like the information you have given, despite the fact that the information is correct?
I think the right lawyer could at very least prosecute her under some sort of fraud. Which wouldn't necessarily get the money back, however if she couldn't pay would probably land her in a federal prison (white collar criminals) for a few years.
If the kid was young enough she might be able to put off the sentance for a few years.
Either way, when she dies I am sure Satan has a special place in hell for a person like that.
You have to ask yourself, "What about the child?" The child is the priority here, not your feelings of betrayal. How do you think he would feel to know you are coming after his mother with a lawsuit when he thought you were his dad? I think that legally, you would have a right to your money, but the moral reality is that there is a child who you financially took care of, and you would be reducing your relationship with that child to 'money'. A kid just won't understand that and will feel a deep rejection because of it.
Nope. When they sign the birth certificate they are assuming the role as parent. The courts will see them as the parent and will not reverse anything. Even if it is proven to the courts that the man is not the father, the fact that you were married and he accepted the role commits him to the support of the child.
In most states you can.
Wow!! Set up a blog.
I've never heard of this and would like to follow it through to its' end. Sounds like the makings of a great movie script.
If you live in the US, and speaking very generally because you left out a lot of details (what state they live in, if they were married, how old the child is, etc)…
He can sue, but he probably won’t win. Many men have tried and I’ve yet to see a case where one has been successful. Although, if he’s proven not to be the father, he *may* be able to get out of paying future child support. But he may not. There are many men in this country who are being forced to support children who have been proven via a dna test not to be their biological children because they voluntarily acknowledged paternity/failed to contest paternity in a timely manner.
Based on your aviator, it appears you’re a woman, so IF you happen to be Mom in this case (and I don’t know that you are), that was a sh*tty thing to do to him. You KNEW he might not be the father and you let him sign the birth certificate anyway. Now, if you’re not Mom in this case, then obviously that doesn’t apply to you :)
Yes, but personally I would think the father would be a deadbeat if he sued to get his money back that actually helped a child.
Nope, In a case in Michigan,
A man sued to stop paying child support, after he found out the child wasn't his.
The idiot judge ruled, that someone had to pay child support, and since he had been, then he should continue, even though the child wasn't his.
I always wondered, why he didn't ask the judge, since the judge thought someone had to pay child support, why the judge didn't volunteer to pay it.
long shot consult an attorney
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