If a guy pays child support for several years and then finds out the kid isn't his can he get his money back?

Answer 1

No. He can't get the money he has already paid back.

The best he can do is get off the hook for having to pay more. Usually that only happens if the real father is identified and can be forced to assume the payments.

Answer 2

I would request a DNA test just to make sure that the child is not his. When the results come in and it proves beyond a reasonable doubt that the child is not his I would contact a lawyer and have the lawyer set up a hearing with a family court judge. This should be resolved only in a family law court. If the judge agrees with the man then I see no reason why payments made to the mother cant be paid back to the man who has been paying the child support payments. I hope that this helps you out.

Answer 3

No he cannot get his money back I can't find the case to support, but it was in the news back in Nov. a man was found to not be the boys father after 18 years of paying child support this was found out. He got shafted and the state does'nt care. But here is an article of how bad the states are.
LITTLE ROCK -- Even though a paternity test ruled out Anthony L. Parker as the father of a child in a child-support dispute, he still has to pay support owed the mother before he took the test, the Arkansas Supreme Court ruled Thursday.
The court reversed a decision by Pulaski County Circuit Judge Mary Spencer McGowan and sent the case back to her to determine the amount Parker must pay.
The opinion, written by Associate Justice Donald L. Corbin, said state law and prior court cases make it clear an "acknowledged father" cannot be relieved of past-due child support.
State law only speaks to a man's future child-support obligations once that person has been found through testing not to be a child's father. And Associate Justice Robert L. Brown said in a concurring opinion that the court was "legislating by inference."
Brown said the opinion reached "a grossly unfair result by saddling a person with a post-due support debt" when that person has not claimed to be the father and is proven not to be. He urged the state Legislature to clarify the law.
In the case, the state Office of Child Support Enforcement filed a paternity complaint against Parker on April 18, 2002, but Parker did not respond. McGowan entered a judgment of paternity June 20, 2002, and ordered Parker to pay $24 a week in child support and $4,446 in past-due support.
Parker did not pay the money, and the state agency filed a contempt motion against him March 7, 2003. But Parker did not appear for a court hearing on the motion, and the judge issued a pick-up order for him.
Before Parker was arrested in March 2005, the state garnished his wages from June 2004 through February 2005. Parker asked for a paternity test and was found not to be the father.
The state agency continued to pursue past-due support, but McGowan denied the request Feb. 28, 2006.
"To force a man to pay the state ... payments made to a woman for a child that is not his violates all precepts of common law as to who is responsible for supporting a child," McGowan wrote.

Answer 4

You are talking about the Department of Human Services aren't you? According them, he is guilty and his money belongs to the state and some small bit belongs to the mother. There was a case in Los Angeles where a man PROVED with DNA that he wasn't the father of a child and is still paying support.

Answer 5

I don't know if you can get your money back; you'd have to get into a very ugly civil suit, which, in the long run will only end up hurting the child. Do you really want to do that?

Answer 6

Nope, and if the kid was born while he was married to the mother he

still has to pay the child support.

Answer 7

Sure. If the evidence is incontrovertible. If he hires the best legal representation he can afford. And if the court determines to overthrow a previous decison.

Since he failed to do the above previously I would argue that his chance for doing so in the future would be highly unlikely. But yes - it is possible.

Answer 8

That is a good question but he has the right to request a DNA test prior to paying support.

Answer 9

~I would think you would be able to sue someone. If the father is found, he should pay you back, otherwise, the woman you paid to should?
Call Support Enforcement.~

Answer 10

If he would ever want his money back would prove that he's an asshole. He should have tested to see if the child was his. His loss as far as I'm concerned.