who can advise me on child support issuse.?

Question

i go to court take the dna test come out that i'am not the father of this baby n now the judge refuse to give back the money they took from me why....

ok i understand,cool but if the system takes your money out of your ck evey two wks,and u not knowing that your ck is being garnash for child support, now u find out it's c/s , u go to cort and everything find out the baby mother got on welfare .now the kid 11 trs of age,i never seen her nor heard of her.i ask for a dna back in feb of 05.i was granded the dna in oct of this yr[06]what happen?i've two grls/two bys.1-21/wson.2-19 lvg in miami 3-she 12- live with me 4th-she 3 live me.i don't mind if or not mine but we all would know each other,and grown around each other.now has lie to these people [welfare ,judge,lawter, and they took her for it.i'am the father and i work to hard to let $7,000 dollars go like that,i don't mind taking of kids that's not mind,cause i know how it feels not having a dad around..i'am one.so i would never have a baby by a women i don't have no relationship with the child sorry.i need my money .. thank u for understanding, and happy holidays to everyone.

Answer 1

"Who can advise me on child support issue? i go to court take the dna test come out that i'am not the father of this baby n now the judge refuse to give back the money they took from me why...."

The quick answer to your question is "Courts don't take candy away from babies."

It sounds like you voluntarily paid child support thinking that you were the child's father.

But you didn't have to. You could have immediately sought to have paternity established by going to court and asking for a DNA test to be administered. That would have made it obvious that you weren't the responsible party and kept you from having to pay support.

Since you voluntarily paid the support-- you did it of your own free will and the court isn't going to just give you the money back because you were a decent guy who did the right thing and ponied up the dough when he thought he should-- even though he didn't really have to.

That said, depending on how the woman convinced you that the child was yours, you might have a case for fraud. Depending on the amount of money involved, you could take the case to small claims court. But again, unless the woman lied to you or actively participated in some deception that caused you to believe you should pay support, you won't get very far. Your voluntary action not induced by deception is just something you have to live with.

And I'd suggest you take pride in it. Even if it wasn't your kid, stepping up to provide support for a child is an honorable thing to do. Some fathers try to avoid paying support for their own children. And here you are-- not even related to the kid-- and you put up money for support. Don't look at it like you got duped-- I sure don't have a higher opinion of the mother now-- look at it like you were the guy who did the right thing because you chose to do it. The world needs more guys like that.

Edit on Additional Facts: It sounds like some sort of fraud might have taken place. Get a complete copy of the case file and at least a transcript of the court hearing in which the default judgment was granted. You can try filing a separate action for fraud-- where you'll show she lied in order to obtain the judgment and should now owe you the money. Alternatively, you could try going before the same judge that gave the default judgment to prove the same fraud and argue that she should have to pay you at least back to the time you filed for the paternity test-- since no support payments that were taken from you after that were in anyway vested as they were clearly in dispute.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]

Answer 2

THe first answer is very wrong - you are not legally due any child support you previously paid. You were under no obligation to make any child support payments until you are legally named the father of the child; obvisouly, that was pending the GT results.

We've had fathers ask for genetic testing after paying 15 years of child support, only to find out they are not the father. NOthing can be done to recoup the money - you have no legal course of action.

Answer 3

You need to file a seperate motion within the court system to get back your money.

You are legally due your money. BUT since you went to a paternity hearing.......it may not of had a lot to do with the money issues. The courts can get picky.

Answer 4

You need to retain a family law lawyer, one who specializes in issues such as this. It'll cost you a little money, but it's your best chance for getting your money returned AND not having to pay much, much more in the future.