if i have been paying child support and taking care of the baby can i sue if he is not mine
2006-06-10 09:24:17 · 21 answers · asked by Jerome W 1 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
there is some DNA test u can have for being sure ab the baby is urs or not.
2006-06-10 09:28:54 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Lots of answers here, but most fall short of the facts.
The fact is, what you can or cannot do will depend on what state you are in. Courts are usually reluctant to allow someone who has been paying support for a long time off the hook, but with DNA testing, more and more of this is coming to light.
If the child isn't yours, you certainly would have the right to file suite to recover what you've paid, but it would probably be filed against the child's biological father....and there is no guarantee you can find him or that he can pay.
If the child support isn't legally ordered (just something you've been doing), you could just stop. But if child support was ordered, you'll need to go back to court on this. If you had a lawyer, now is a good time to call and ask the lawyer this question. If you didn't, and got hauled into court on this, then you could call the clerk of the court and ask what procedures should be followed for the specifics of your case.
2006-06-10 10:56:13 · answer #2 · answered by cliffinutah 4 · 0⤊ 0⤋
This is more than a yes or no question.
Are you married? And you are not the father? What does the birth certificate state?. If you are the father on the birth certificate, guess what, you are the father. And you are subject to the terms of the divorce degree.
This is an issue of biological verse legal. Legally you are the father and legally you are bound by the divorce degree. However, you can go back to the family court with the information that the child is not your but the child's father is .... This is where the problem comes in. Do you know the child's father? Does your ex wife know? Did you or your ex wife know before the divorce degree. If you ex wife knew and falsified the birth certificate, that's one thing. If you know before you were married, that matter.
The bottom line is who knew what when. Marriage is a legal contract, and so is divorce. Both contracts are govern by state law. One last thing, child support is exactly that, it is for the child. If you stop paying for child support, you may be force to pay in other ways.
One last thing: Did you have an attorney that represented in your divorce. If so, work with him/her regarding this issue. He will be better prepared to give you answers for your situation.
Legal advice is restricted to members of the court. Good luck,
2006-06-10 09:52:00 · answer #3 · answered by J. 7 · 0⤊ 0⤋
No you cannot... If you are already paying child support, that means that you admitted paternity of the child when you were fighting in court without requesting a paternity test first. If the child was out of wedlock, usually a paternity test is asked by the Judge to be taken, and either you refused and simply waived that right. If you were married, the law automatically makes the assumption that the child is yours, unless you state otherwise, Therefore, you may go around asking everyone and even an attorney and I do not think that you will be getting that money back. If you know for a fact or are doubting your paternity, return to court and file a petition requesting that your case be evaluated again...
2006-06-10 09:31:52 · answer #4 · answered by Snowwhite 3 · 0⤊ 0⤋
If a paternity test reveals that you are NOT the baby's biological father, then yes, you can sue for the amount of child support that you have paid to the baby's mother.
2006-06-10 11:51:30 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If you signed the birth certificate at least in GA...You are obligated to pay. I think that law stinks! AND it's sad...For any guy to trust his girl to believe the child is his but isn't because she's the town whore.
You need to consult with a lawyer to see what your rights are in the state you live and what you can do if you have been paying child support for a child that isn't yours.
Guys get a paternity test to avoid situations like this..Before signing the birth certificate
2006-06-14 09:30:37 · answer #6 · answered by WhatEVER27 4 · 0⤊ 0⤋
You should already know if the baby is yours or not.
Even if he isn't you have been raising him for how long...
treat him as your own and just grow up. the court wouldn't
have ordered support if the child wasn't yours. that should have
been raised well in the beginning before support was awarded.
2006-06-16 08:29:22 · answer #7 · answered by Kat 1 · 0⤊ 0⤋
Yes u could if he's not urs and make sure u have all ur records of everything u have bought him and child support payments.Good Luck!
2006-06-10 10:32:46 · answer #8 · answered by damn_that_chick_thick17 4 · 0⤊ 0⤋
Yeah,sure
2006-06-17 01:43:09 · answer #9 · answered by hahanos! 2 · 0⤊ 0⤋
Yes she will have to refund any support payments you have made, but you will probably need legal representation. Depending on how much you have paid her it may cost you more to take her to court than what you have already paid.
2006-06-10 09:31:03 · answer #10 · answered by Nicole M 3 · 0⤊ 0⤋