Let's say you're married. Let's say while you're married, your spouse has an affair with another man that leads to a pregnancy. Let's say your spouse tells you the child is yours. Let's say less than two years after the child's birth, the spouse leaves the marriage, takes the child and commences collecting child support with the full knowledge that the child was fathered by another man. Is there any crime committed here? Is there any action the man who didn't father the child can take? Or is it just an unfortunate case of being the victim of unscrupulous bottom feeders?
2007-12-30 08:01:02 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I've seen cases like this on TV court shows (where supposedly the judge follows real laws in their judgments). These were NOT criminal cases, as I don't believe this is a crime. The mother of the child simply says she "believed" the child was the husband's.
Every state has its own laws, but in the cases I've seen, the child support paying "father" was relieved of paying further support, but never got any reinbursement from the unscrupulous mother. He had to demand a paternity test to challenge his requirement to pay child support.
Since you were married, the child is presumed yours unless you challenge that. But you have done the right thing for this child. You didn't mention if you have a relationship with the little one - if you have raised it and loved it. You also didn't mention if the mother planned to be united with the biological father, or if she has just gone off.
It's possible that you are the only father in this child's life, and that you love the child. It's so unfortunate that this woman did this to you, in fact, she did it to the baby too. In my opinion, it would be better to focus on deciding if you want in a relationship with the child, because if you want that, maybe challenging paternity is not the best course of action for you.
I wish YOU could be the father of record, because clearly you have integrity and have done the right thing. How wondeful if the child could learn from you. Think hard and long about what to do next, so you won't make a difficult situation worse. Even if you don't want to continue with the child, trying to take her to court for a criminal act is not going to restore what she took from you, nor the hurt she has caused you. Think of how to get your life back on track, and to fill it with people who value you and with activities that make you feel satisfied.
God bless you as you decide what to do.
2007-12-30 08:29:06 · answer #1 · answered by Mimii 5 · 0⤊ 0⤋
It could be consider fraud in her seeking money from one man, when the child is another mans and she is aware of it, and she is protecting herself from everyone knowing she had an affair. Since some other man made her pregnant the one she left is liable for that child support. Even after she has been divorced, the man that left can file a case against her and have blood tests done to determine if the is his or the other mans. Then the divorce decision will be most likely reversed and he will not be required to pay support for the wife of child.
2007-12-30 16:08:48 · answer #2 · answered by kevin T 3 · 0⤊ 0⤋
How does she know for sure the baby isn't yours? (Just being devil's advocate.) If she has a dna test done and in spite of that lies and tells you to pony up child support, you could prove a case in civil court to get the money back in most states. Honestly you'd never prove to a satisfaction of the law, unless you find solid evidence of her knowledge.
2007-12-30 16:24:01 · answer #3 · answered by Anonymous · 0⤊ 0⤋
That's a terrible story, but it does not sound like a crime has been committed...
The fake father can request a DNA test to prove paternity and will not have to continue to pay child support.
2007-12-30 16:04:14 · answer #4 · answered by cdqt 2 · 1⤊ 0⤋
You accepted and raised the child for two years, the judge will see you as the father and the one responsible for support.
2007-12-30 16:09:33 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No crime has been committed.
But you can refuse child support and they will have to prove this child to be yours to regain it. And from what you say, that would be impossible.
And, yes! It does sound as if the "leeches" got hold of you a bit.
2007-12-30 16:07:18 · answer #6 · answered by Wyoming Rider 6 · 0⤊ 0⤋
*****! see Citizens Advice but I doubt if you will get your money back. You will not have to pay maintenance. I would get DNA because this may be a tactic to get you out of the life of your child
2007-12-30 16:09:16 · answer #7 · answered by Scouse 7 · 0⤊ 0⤋
You need to ask a lawyer. Family law varies from state to state. So, you need to find out what applies to you.
2007-12-30 16:27:20 · answer #8 · answered by oldwolf1951 6 · 0⤊ 0⤋
No crime, this story has happened in real life too many times to count. immoral yes, but not illegal
2007-12-30 16:59:54 · answer #9 · answered by Fernella13 5 · 0⤊ 0⤋
Lets say I have no frigging idea
2007-12-30 16:13:39 · answer #10 · answered by Blue 1 4 · 1⤊ 0⤋