My husbands exwife lied about her little girl and said it belonged to my husband and he has paid child support and the irs keeps taking our money. we found out she lied and the little girl is not his, can we press charges of fraud agianst her and try to recover the money she has taken and the money the irs has taken?
2006-12-07 17:53:55 · 11 answers · asked by jtyt4225 1 in Politics & Government ➔ Law & Ethics
no, you can't get the money back.
I know it sux for the guy esp finding out you paid for a kid you thought was yours, and isn't
2006-12-07 17:58:41 · answer #1 · answered by Thebronx 5 · 0⤊ 0⤋
No, he won’t get the money back (and I’m not saying I think that’s fair, but it’s not going to happen). Even if a DNA test proves that he’s not the child’s father the court may still order him to continue to pay child support, because it’s very likely that he’s missed the deadline to dispute paternity. These laws do vary by state though, so check the laws of your specific state. There are a FEW states (Arkansas, for example) that will allow an ex-husband to dispute paternity and be relieved of FUTURE child support payments if a DNA test proves they’re not the biological father. But in MOST states, if you don’t dispute paternity during the divorce process, you’re scr*wed, because you're not allowed to go back later and do it.
2006-12-08 09:12:18 · answer #2 · answered by kp 7 · 0⤊ 0⤋
you should definately get a paternity test to prove your husband has no blood relation to the child. i doubt you can get the money you've already paid back, because in the eyes of the court, if the child was present during their relationship the mother's partner whether he is the father or not has a financial responsibility to the child. you can prevent future child support payments but it would be hard to get previous payments back. what you can do is try to appeal on the grounds your husband was missled by this lady and the best you can do is hope they will impose a penalty and ask her to pay some of it back.
2006-12-08 02:01:21 · answer #3 · answered by cami 4 · 0⤊ 0⤋
Be noble and walk away from the money spent on a child, whosoever child, but not the fraud. Get an attorney and file a complaint to ensure that this woman's behavior becomes public record to make it less likely that she can get away with such nefarious conduct in the future.
2006-12-08 02:08:13 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Sadly, you can NOT get the money back for child support, when you find out later that the child is NOT biologically his. That is just the way that the Law is at this time.
2006-12-08 02:05:34 · answer #5 · answered by sglmom 7 · 1⤊ 0⤋
You would have to prove this and I hope you do. You may need DNA samples, witnesses and documented evidence. I suggest hiring a good lawyer. It sounds like you should get your money back. That is unfair to you and your husband. You might even be able to have a judge force DNA testing.
2006-12-08 02:01:33 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Child support if proven fraudulently requested can be reimbursed as long as it is proven in court. Thus, file a case in court but it is costly.
2006-12-08 05:27:28 · answer #7 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Yes. U actually can. U may have to go to a legal counselor, but it can be done. You just will have to prove that she knew the child wasn't your husband's.
2006-12-08 02:03:20 · answer #8 · answered by JoNique McBriDe. 1 · 0⤊ 1⤋
i am not a lawyer i think it would be wise tocheck into it was there a dna to be sure if not that would be best but it takes alot to get it done call a lawyer and ask
2006-12-08 02:05:32 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If he wasn't having sex with her in the first place he wouldn't have gotten himself into this predicament would have he?
2006-12-08 02:40:06 · answer #10 · answered by Angelz 5 · 0⤊ 0⤋