OK. Here's the situation. My husband and I just recently, like last year found out that a child he supposingly had with someone else wasn't even his. The child is now 17. Child support is still taking my husband's money. He went to child support with his proof of not being the father of this child. They told him that the mother of the child has to stop the case. The mother of this child told my husband more than once that she would, but she still hasn't. She just got a big lump sum of money from my husband's state income tax and she don't want to stop the case at all now. She wants to continue to collect money knowing that this child does not belong to my husband. What can be done legally to stop her? Do anybody have any suggestions? Oh, another thing, he barely even knows the child. The mother of this child kept the child away from him when she was little. My husband moved out of sate, so he still didn't get to see the child. He saw her when she was nine then again at age 15. HELP ME!
2007-06-27 01:09:34 · 14 answers · asked by 3boys,&3girls 2 in Family & Relationships ➔ Family
If it can be prov en that the mother knew the child was not his from the beginning she can be prosecuted for fraud. If it is prov en that she found out just as he did then she can only be held liable for the amount collected since that knowledge was obtained. If she continues to collect the support payment while having the knowledge that the child was not his she can be prosecuted for fraud.
She can be sued in civil court for repayment of the full amount of support payments made. Whether your husband would win that case would depend upon the circumstances of the case and which state this took place in. State laws have a very strong bearing on how this will play out in the courts.
Definitely get an attorney. He would love to collect a percentage of any money he might be able to recover for you and your husband.
2007-06-27 09:35:59 · answer #1 · answered by Jimmy H 1 · 1⤊ 0⤋
In certain states, paying child support says that you accept the child as your own. If you have any question of paternity then that should be handled before the court orders child support. In SC, even if the child is not yours, after you start paying child support, you are obligated to continue until 18 or a little over if that was an agreement of the court order. The defrauding mother is not obligated to return the money either.
2007-06-27 08:22:51 · answer #2 · answered by Anonymous · 0⤊ 0⤋
He needs to get a lawyer and fast. The lawyer can file a motion to modify which will stop the child support then they can go after her for all the money he has paid that he shouldnt have paid. They may not go back from when he started but they can go back from when he found out. Although, you need to get him into an attorney right away before he pays any more.
2007-06-27 08:17:09 · answer #3 · answered by Anonymous · 2⤊ 0⤋
GET A LAWYER. You need legal counsel, hire a lawyer. It doesn't make sense that it would be up to the mother to stop collecting child support. Why would she do that? I think you have a case for trying to get some of that money back, but my guess is she spent it already.
2007-06-27 08:26:17 · answer #4 · answered by tjnstlouismo 7 · 0⤊ 0⤋
A letter from your solicitor inciting civil action to reclaim all money fraudulantly paid should get some action.... Telling his ex that you will be filing fraud charges with the police should also get some action.... You could also call Child Support and and threaten them with legal action for facilitation of fraud on behalf of their, third party, client - this could get some action.... I am not a solicitor so do not know if taking Child Support to court is a feasable course of action, but do know that Fraud is illegal and is what his ex has and still is committing with holding off on stopping the payments.... There should be some legal precedent for your partner to reclaim all the monies paid in support that was fraudulantly gain by his ex - Speak to a solicitor.... Hope this helps.... GOOD LUCK
2007-06-27 08:18:59 · answer #5 · answered by yonibaster 1 · 2⤊ 0⤋
You need to hire a lawyer. Yes, it will cost some money, but at least the lawyer will be able to get the child support stopped.
2007-06-27 08:14:33 · answer #6 · answered by Somethingtotry 6 · 2⤊ 0⤋
one question- did he ever heard of ''DNA" test? he needs to get a lawyer and try to figure out if he can get all the money he has give to this woman for the girl he tough it was his, which with whom he doesn't even have a relationship!!, and not just that, why is that he never ask for visitations rights?, why is that he was willing to give money away before getting all the papers and tests done?! was he a teen or something?!just get a lawyer and good luck
2007-06-27 10:26:17 · answer #7 · answered by kikkilaser125 2 · 0⤊ 0⤋
I suggest you file a suit claiming fraud on her part for accepting money for this child all this time. If nothing else, being served will get her to move. If not, take it to court, your husband deserves to be paid back.
2007-06-27 08:38:08 · answer #8 · answered by Alterfemego 7 · 1⤊ 0⤋
Do a DNA test to determine if the child is really his, might need a lawyer to get that done. Parental right???
2007-06-27 08:52:03 · answer #9 · answered by Makeshift 4 · 0⤊ 0⤋
See an attorney and go to court. You should be able to get that money back from her, it is the same thing as stealing.
2007-06-27 08:19:12 · answer #10 · answered by bluebird 4 · 1⤊ 0⤋