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Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?

 
SmellslikeDrama
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01/13/2013 09:15 PM
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Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
A Friend of mine has been paying child support for a child he claimed without a DNA test.

The state ok'ed it , now the mother of the child elected to find the real father. The state said he dont have right to the child now that the DNA test shows he is not the real father.

He has been paying child support, so who must pay the money back to him ?

The mother or real father?

Last Edited by <x> on 01/13/2013 09:15 PM
SmellslikeDrama (OP)

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01/13/2013 09:16 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
anyone know?

I think its kind of shitty , because the kid was 3 years old and nbow has to call somebody else daddy.


These women are f'ed in the head . Its all about who can pay the most.
Underdog
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01/13/2013 09:19 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
I've heard about a case related to this issue. No one will pay him back. That would make too much sense. Once he accepted that the child was his and started paying support, he accepted the risk that he would one day be out all that money. I would think, however, that if he has a relationship with the child, he would have the right to continue that relationship.
Keneh

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01/13/2013 09:21 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
I would sue the real father, you cant get anything from the mother because it technically went to the kid
Keneh
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01/13/2013 09:28 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
A Friend of mine has been paying child support for a child he claimed without a DNA test.

The state ok'ed it , now the mother of the child elected to find the real father. The state said he dont have right to the child now that the DNA test shows he is not the real father.

He has been paying child support, so who must pay the money back to him ?

The mother or real father?
 Quoting: SmellslikeDrama


No one will pay him back because he accepted the responsibility without a DNA test.Since he claimed the child voluntarily why would anyone owe him anything.
No one should accept that responsibility without asking for a DNA test regardless of what anyone leads the person to believe..He should have ask for the test before he ever begin paying.
SmellslikeDrama (OP)

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01/13/2013 09:31 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
I would sue the real father, you cant get anything from the mother because it technically went to the kid
 Quoting: Keneh


That's what i was think all arrears at that point so go to pay back the money they took from him.
SmellslikeDrama (OP)

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01/13/2013 09:33 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
A Friend of mine has been paying child support for a child he claimed without a DNA test.

The state ok'ed it , now the mother of the child elected to find the real father. The state said he dont have right to the child now that the DNA test shows he is not the real father.

He has been paying child support, so who must pay the money back to him ?

The mother or real father?
 Quoting: SmellslikeDrama


No one will pay him back because he accepted the responsibility without a DNA test.Since he claimed the child voluntarily why would anyone owe him anything.
No one should accept that responsibility without asking for a DNA test regardless of what anyone leads the person to believe..He should have ask for the test before he ever begin paying.
 Quoting: Anonymous Coward 32111171


Because women are manipulative.

I personally believe he is owed the money.

The state is the one that should never allow it.
Ralph--a house dog

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01/13/2013 09:36 PM

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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
A Friend of mine has been paying child support for a child he claimed without a DNA test.

The state ok'ed it , now the mother of the child elected to find the real father. The state said he dont have right to the child now that the DNA test shows he is not the real father.

He has been paying child support, so who must pay the money back to him ?

The mother or real father?
 Quoting: SmellslikeDrama



Has the real father been located Yet? Does he have any money?

Your friend does need to talk to an attorney to see what options he has. He can call one out of the yellow pages that offers a free telephone consultation if he is short on funds at the moment.
"Who decides?"
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SmellslikeDrama (OP)

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01/13/2013 09:39 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
A Friend of mine has been paying child support for a child he claimed without a DNA test.

The state ok'ed it , now the mother of the child elected to find the real father. The state said he dont have right to the child now that the DNA test shows he is not the real father.

He has been paying child support, so who must pay the money back to him ?

The mother or real father?
 Quoting: SmellslikeDrama



Has the real father been located Yet? Does he have any money?

Your friend does need to talk to an attorney to see what options he has. He can call one out of the yellow pages that offers a free telephone consultation if he is short on funds at the moment.
 Quoting: Ralph--a house dog


I agree ; Im sure there must be some ramification in the law for these things.

Either way we as a race of peoples must start hold these women's feet to the fire of truth .Its starting to get out of hand. They are not goddess's as they believe.

Yes the real father was located and had dna testing.

Last Edited by <x> on 01/13/2013 09:44 PM
samanthasunflower

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01/13/2013 09:40 PM

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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
Your friend needs to be careful. He doesn't have the right to see the child, but he may still have to pay child support. There are plenty of men with DNA tests proving they aren't the father who have to pay child support every month.

If he still wants to be part of the child's life, he should get a lawyer. In some states, he would still have rights to visitation because he's been a parent to the child for 3 years.
Anonymous Coward
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01/13/2013 09:43 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
A Friend of mine has been paying child support for a child he claimed without a DNA test.

The state ok'ed it , now the mother of the child elected to find the real father. The state said he dont have right to the child now that the DNA test shows he is not the real father.

He has been paying child support, so who must pay the money back to him ?

The mother or real father?
 Quoting: SmellslikeDrama


Neither, he's out the money...
Anonymous Coward
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01/13/2013 09:44 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
A Friend of mine has been paying child support for a child he claimed without a DNA test.

The state ok'ed it , now the mother of the child elected to find the real father. The state said he dont have right to the child now that the DNA test shows he is not the real father.

He has been paying child support, so who must pay the money back to him ?

The mother or real father?
 Quoting: SmellslikeDrama


No one will pay him back because he accepted the responsibility without a DNA test.Since he claimed the child voluntarily why would anyone owe him anything.
No one should accept that responsibility without asking for a DNA test regardless of what anyone leads the person to believe..He should have ask for the test before he ever begin paying.
 Quoting: Anonymous Coward 32111171


Because women are manipulative.

I personally believe he is owed the money.

The state is the one that should never allow it.
 Quoting: SmellslikeDrama


totally wrong...
If he is old enough to father a child then he should know enough to request a DNA test before he takes responsibility of a child.No one forced him to sign so why is anyone responsible other than himself.
A lot of people are manipulative in a lot of ways and cause others to lose money but no one jumps in and pays them back.
I was manipulated in an investment but it was my choice to invest and no one paid me back for what I lost.
Anonymous Coward
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01/13/2013 09:47 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
I've heard about a case related to this issue. No one will pay him back. That would make too much sense. Once he accepted that the child was his and started paying support, he accepted the risk that he would one day be out all that money. I would think, however, that if he has a relationship with the child, he would have the right to continue that relationship.
 Quoting: Underdog 5403109


Unless your freind is very lucky, this is pretty much how it will go. Once there's complications, the government conveniently backs out of any involvement in the case, usually after making things worse.

Somewhat related :
After a court finding in my favor that DSS had overcharged me in child support with allegations that I hadn't paid at all.(KEEP ALL YOUR PROOF OF PAYMENT) DSS conveniently informed me that to recoup my losses, I would have to bring a civil case against the recipient, even though they're the ones who lied in court. After causing this grief...they just slither back into the shadows and take no responsibility for their errors. How convenient to be able to shit on someone's life and not have to clean it up....ASSHOLES.
SmellslikeDrama (OP)

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01/13/2013 09:49 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
A Friend of mine has been paying child support for a child he claimed without a DNA test.

The state ok'ed it , now the mother of the child elected to find the real father. The state said he dont have right to the child now that the DNA test shows he is not the real father.

He has been paying child support, so who must pay the money back to him ?

The mother or real father?
 Quoting: SmellslikeDrama


No one will pay him back because he accepted the responsibility without a DNA test.Since he claimed the child voluntarily why would anyone owe him anything.
No one should accept that responsibility without asking for a DNA test regardless of what anyone leads the person to believe..He should have ask for the test before he ever begin paying.
 Quoting: Anonymous Coward 32111171


Because women are manipulative.

I personally believe he is owed the money.

The state is the one that should never allow it.
 Quoting: SmellslikeDrama


totally wrong...
If he is old enough to father a child then he should know enough to request a DNA test before he takes responsibility of a child.No one forced him to sign so why is anyone responsible other than himself.
A lot of people are manipulative in a lot of ways and cause others to lose money but no one jumps in and pays them back.
I was manipulated in an investment but it was my choice to invest and no one paid me back for what I lost.
 Quoting: Anonymous Coward 32111171

The state civil courts is there to protect people from civil injustice like manipulation . Not to play on it for monetary means of another.

It has nothing to do with taking responsibility.

The child support courts are the biggest civil fraud around.All courts must protect everyone involved " aka equal protection " Otherwise its not a legitimate court.
Anonymous Coward
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01/13/2013 09:50 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
He claimed the child and paid because he is a brain dead retard who deserves to lose that money.

Unfortunately he probably won't learn anything from it because he is too stupid.
Anonymous Coward
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01/13/2013 09:50 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
I've heard about a case related to this issue. No one will pay him back. That would make too much sense. Once he accepted that the child was his and started paying support, he accepted the risk that he would one day be out all that money. I would think, however, that if he has a relationship with the child, he would have the right to continue that relationship.
 Quoting: Underdog 5403109


Unless your freind is very lucky, this is pretty much how it will go. Once there's complications, the government conveniently backs out of any involvement in the case, usually after making things worse.

Somewhat related :
After a court finding in my favor that DSS had overcharged me in child support with allegations that I hadn't paid at all.(KEEP ALL YOUR PROOF OF PAYMENT) DSS conveniently informed me that to recoup my losses, I would have to bring a civil case against the recipient, even though they're the ones who lied in court. After causing this grief...they just slither back into the shadows and take no responsibility for their errors. How convenient to be able to shit on someone's life and not have to clean it up....ASSHOLES.
 Quoting: Anonymous Coward 30079403


Their only purpose is to make interest off the money on the turn around time.
Anonymous Coward
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01/13/2013 09:50 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
Your friend needs to be careful. He doesn't have the right to see the child, but he may still have to pay child support. There are plenty of men with DNA tests proving they aren't the father who have to pay child support every month.

If he still wants to be part of the child's life, he should get a lawyer. In some states, he would still have rights to visitation because he's been a parent to the child for 3 years.
 Quoting: samanthasunflower


You are so right.Because he agreed he may still be responsible to pay even with DNA showing he isnt the natural father.I know a man that is paying after divorcing his wife.He caught her cheating then suspected their child may not be his.Turns out it wasnt but they were married when the child was born and he has been the father to the child so the state said it was to remain that way.He was the legal father and would pay child support.
There are some screwed up rules when it comes to child support.His best bet is to cough it up as a loss and let it be or risk continuing to pay.
There have been some very powerful opinions on threads on this site when it comes to the ways men can be done in regard to child support.
SmellslikeDrama (OP)

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01/13/2013 09:54 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
They have miranda rights for criminal courts etc.

But in these civil child support madhouse's. They do not tell people any rights.

Matter of fact The state themselves push most individual emotionally to sign paperwork.

They are truly a jester of a court.
Anonymous Coward
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01/13/2013 09:58 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
A Friend of mine has been paying child support for a child he claimed without a DNA test.

The state ok'ed it , now the mother of the child elected to find the real father. The state said he dont have right to the child now that the DNA test shows he is not the real father.

He has been paying child support, so who must pay the money back to him ?

The mother or real father?
 Quoting: SmellslikeDrama


No one will pay him back because he accepted the responsibility without a DNA test.Since he claimed the child voluntarily why would anyone owe him anything.
No one should accept that responsibility without asking for a DNA test regardless of what anyone leads the person to believe..He should have ask for the test before he ever begin paying.
 Quoting: Anonymous Coward 32111171


Because women are manipulative.

I personally believe he is owed the money.

The state is the one that should never allow it.
 Quoting: SmellslikeDrama


totally wrong...
If he is old enough to father a child then he should know enough to request a DNA test before he takes responsibility of a child.No one forced him to sign so why is anyone responsible other than himself.
A lot of people are manipulative in a lot of ways and cause others to lose money but no one jumps in and pays them back.
I was manipulated in an investment but it was my choice to invest and no one paid me back for what I lost.
 Quoting: Anonymous Coward 32111171


remember to get a dna test next time you or your wife get pregnant.. just to be sure!
SmellslikeDrama (OP)

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01/13/2013 09:59 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
He claimed the child and paid because he is a brain dead retard who deserves to lose that money.

Unfortunately he probably won't learn anything from it because he is too stupid.
 Quoting: Anonymous Coward 2112226


So you don't believe in the equal protection clause of the constitution?

I hope you aren't a second amendment advocate.
Anonymous Coward
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01/13/2013 10:02 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
I would sue the real father, you cant get anything from the mother because it technically went to the kid
 Quoting: Keneh


since money is contract and contract requires consent and a minor cannot give consent, technically a minor should not receive moneys.
Anonymous Coward
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01/13/2013 10:06 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
...


No one will pay him back because he accepted the responsibility without a DNA test.Since he claimed the child voluntarily why would anyone owe him anything.
No one should accept that responsibility without asking for a DNA test regardless of what anyone leads the person to believe..He should have ask for the test before he ever begin paying.
 Quoting: Anonymous Coward 32111171


Because women are manipulative.

I personally believe he is owed the money.

The state is the one that should never allow it.
 Quoting: SmellslikeDrama


totally wrong...
If he is old enough to father a child then he should know enough to request a DNA test before he takes responsibility of a child.No one forced him to sign so why is anyone responsible other than himself.
A lot of people are manipulative in a lot of ways and cause others to lose money but no one jumps in and pays them back.
I was manipulated in an investment but it was my choice to invest and no one paid me back for what I lost.
 Quoting: Anonymous Coward 32111171


remember to get a dna test next time you or your wife get pregnant.. just to be sure!
 Quoting: Anonymous Coward 32151618


Read a news story some time a that said a large percentage of married men are raising at least one child that isnt really theirs without a clue.Wife has little fling but still messing around with hubby,gets pregnant and of course its his.
Anonymous Coward
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01/13/2013 10:09 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
...


Because women are manipulative.

I personally believe he is owed the money.

The state is the one that should never allow it.
 Quoting: SmellslikeDrama


totally wrong...
If he is old enough to father a child then he should know enough to request a DNA test before he takes responsibility of a child.No one forced him to sign so why is anyone responsible other than himself.
A lot of people are manipulative in a lot of ways and cause others to lose money but no one jumps in and pays them back.
I was manipulated in an investment but it was my choice to invest and no one paid me back for what I lost.
 Quoting: Anonymous Coward 32111171


remember to get a dna test next time you or your wife get pregnant.. just to be sure!
 Quoting: Anonymous Coward 32151618


Read a news story some time a that said a large percentage of married men are raising at least one child that isnt really theirs without a clue.Wife has little fling but still messing around with hubby,gets pregnant and of course its his.
 Quoting: Anonymous Coward 32111171


so if you find out your child is not yours or your partners, is that considered fraud?
Anonymous Coward
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01/13/2013 10:10 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
I would sue the real father, you cant get anything from the mother because it technically went to the kid
 Quoting: Keneh


since money is contract and contract requires consent and a minor cannot give consent, technically a minor should not receive moneys.
 Quoting: Anonymous Coward 32151618


The monies are 'supposedly' administered in the best interest of the child by the custodial parent or legal guardian. Presumably an adult.
Anonymous Coward
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01/13/2013 10:14 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
...


totally wrong...
If he is old enough to father a child then he should know enough to request a DNA test before he takes responsibility of a child.No one forced him to sign so why is anyone responsible other than himself.
A lot of people are manipulative in a lot of ways and cause others to lose money but no one jumps in and pays them back.
I was manipulated in an investment but it was my choice to invest and no one paid me back for what I lost.
 Quoting: Anonymous Coward 32111171


remember to get a dna test next time you or your wife get pregnant.. just to be sure!
 Quoting: Anonymous Coward 32151618


Read a news story some time a that said a large percentage of married men are raising at least one child that isnt really theirs without a clue.Wife has little fling but still messing around with hubby,gets pregnant and of course its his.
 Quoting: Anonymous Coward 32111171


so if you find out your child is not yours or your partners, is that considered fraud?
 Quoting: Anonymous Coward 32151618


Personally I would see it as fraud but I doubt the court would side with that.Usually they do what they consider is best interest of the child.So in most cases he is still dad so he pays up.
Anonymous Coward
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01/13/2013 10:14 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
he won't get it back. Every state is different, but I heard that someone who found out the kid wasn't his, but thought it was, but had married the woman before he knew the truth, STILL ahs to pay child support till the kid is 18.
Anonymous Coward
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01/13/2013 10:17 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
I would sue the real father, you cant get anything from the mother because it technically went to the kid
 Quoting: Keneh


since money is contract and contract requires consent and a minor cannot give consent, technically a minor should not receive moneys.
 Quoting: Anonymous Coward 32151618


The monies are 'supposedly' administered in the best interest of the child by the custodial parent or legal guardian. Presumably an adult.
 Quoting: Anonymous Coward 30079403


no its to cover the cost of the child incurred by the resident parent.

its not for the child its for the adult.

whatever the adult needs to spend the money on to give that child a certain level of welfare.
Anonymous Coward
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01/13/2013 10:18 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
you wont get it back if you just ask for it.

you need to make a claim.

and dont take it to a clown judge like those ones you see on tv that act based on morals and not the actual law.
SmellslikeDrama (OP)

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01/13/2013 10:26 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
I would sue the real father, you cant get anything from the mother because it technically went to the kid
 Quoting: Keneh


since money is contract and contract requires consent and a minor cannot give consent, technically a minor should not receive moneys.
 Quoting: Anonymous Coward 32151618


The monies are 'supposedly' administered in the best interest of the child by the custodial parent or legal guardian. Presumably an adult.
 Quoting: Anonymous Coward 30079403


Thus the legal guardian should be held responsible for payments , if she chooses to break the contract between her and supposed father.

Last Edited by <x> on 01/13/2013 10:27 PM
Anonymous Coward
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01/13/2013 10:30 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
A Friend of mine has been paying child support for a child he claimed without a DNA test.

The state ok'ed it , now the mother of the child elected to find the real father. The state said he dont have right to the child now that the DNA test shows he is not the real father.

He has been paying child support, so who must pay the money back to him ?

The mother or real father?
 Quoting: SmellslikeDrama


No one will pay him back because he accepted the responsibility without a DNA test.Since he claimed the child voluntarily why would anyone owe him anything.
No one should accept that responsibility without asking for a DNA test regardless of what anyone leads the person to believe..He should have ask for the test before he ever begin paying.
 Quoting: Anonymous Coward 32111171


Because women are manipulative.

I personally believe he is owed the money.

The state is the one that should never allow it.
 Quoting: SmellslikeDrama


Nobody owes him anything. He made a stupid and naive decision and paid for it. The woman involved is still a rotten whore though and he should punch the living daylights out of her.
Anonymous Coward
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01/13/2013 10:30 PM
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Re: Who Must pay Child support Back to a father of a Child after DNA test show he isn't the father?
I would sue the real father, you cant get anything from the mother because it technically went to the kid
 Quoting: Keneh


since money is contract and contract requires consent and a minor cannot give consent, technically a minor should not receive moneys.
 Quoting: Anonymous Coward 32151618


The monies are 'supposedly' administered in the best interest of the child by the custodial parent or legal guardian. Presumably an adult.
 Quoting: Anonymous Coward 30079403


Thus the legal guardian should be held responsible for payments , if she choices to break the contract between her and supposed father.
 Quoting: SmellslikeDrama


I wish you luck but its not likely going to work that way.Even a good possibility he will have to continue support until the child reaches 18 since he willingly signed to be the father REGARDLESS of the reason.
The natural dad wont be held responsible because he wasnt aware of the situation and someone else stepped in and took his place in the childs life.Very complicated rules when it comes to child support that varies greatly by state.

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