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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?

 
Anonymous Coward
User ID: 32151618
United Kingdom
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?
upon second thought, dna testing aside, considering its a recent development in identifying parents and that the claim made by the mother that the person is the father of the child would mean a few things.

a, the parent commited fraud by claiming the other person was the father.

b, the child payments are made under duress.

so what does this mean?
SmellslikeDrama (OP)

User ID: 1267719
United States
01/13/2013 10:31 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?
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.
 Quoting: Anonymous Coward 27129259


I understand if the woman dont want to break the contract he made with her. But when she goes to find another father , then it makes it a whole new ballgame.

A contract can not be broken , she says you are the father, You agree to pay her the money to be represented as the father of the child all its life.

The state has an obligation to protect the original contract.
No real father should be allowed in , unless she pays the money back and the original contract father agrees.

That is a legitimate courts way.

Last Edited by <x> on 01/13/2013 10:32 PM
Anonymous Coward
User ID: 32151618
United Kingdom
01/13/2013 10:32 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?
upon second thought, dna testing aside, considering its a recent development in identifying parents and that the claim made by the mother that the person is the father of the child would mean a few things.

a, the parent commited fraud by claiming the other person was the father.

b, the child payments are made under duress.

so what does this mean?
 Quoting: Anonymous Coward 32151618


so even if the moneys can't be recovered a claim of fraud should still be filed agains the mother.

we can't have people commiting fraud and getting away with it.
SmellslikeDrama (OP)

User ID: 1267719
United States
01/13/2013 10:34 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?
upon second thought, dna testing aside, considering its a recent development in identifying parents and that the claim made by the mother that the person is the father of the child would mean a few things.

a, the parent commited fraud by claiming the other person was the father.

b, the child payments are made under duress.

so what does this mean?
 Quoting: Anonymous Coward 32151618


That would be a false statement to the court.


You are right it would be breaking the law.
Anonymous Coward
User ID: 32151618
United Kingdom
01/13/2013 10:38 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?
upon second thought, dna testing aside, considering its a recent development in identifying parents and that the claim made by the mother that the person is the father of the child would mean a few things.

a, the parent commited fraud by claiming the other person was the father.

b, the child payments are made under duress.

so what does this mean?
 Quoting: Anonymous Coward 32151618


That would be a false statement to the court.


You are right it would be breaking the law.
 Quoting: SmellslikeDrama


its even perjury

just because you think its true doesnt mean your free from perjury, its designed to make sure you damn well are certain what you say is true..

without a shadow of a doubt.
Anonymous Coward
User ID: 32151618
United Kingdom
01/13/2013 10:38 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?
upon second thought, dna testing aside, considering its a recent development in identifying parents and that the claim made by the mother that the person is the father of the child would mean a few things.

a, the parent commited fraud by claiming the other person was the father.

b, the child payments are made under duress.

so what does this mean?
 Quoting: Anonymous Coward 32151618


That would be a false statement to the court.


You are right it would be breaking the law.
 Quoting: SmellslikeDrama


its even perjury

just because you think its true doesnt mean your free from perjury, its designed to make sure you damn well are certain what you say is true..

without a shadow of a doubt.
 Quoting: Anonymous Coward 32151618


as in ignorance is no defence.
SmellslikeDrama (OP)

User ID: 1267719
United States
01/13/2013 10:42 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?
...


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.
 Quoting: Anonymous Coward 32111171


Don't worry i just figured it out , she can go to jail for falsifying court documents.

She was my ex-wife . I was setting there when i signed away my rights on the child. My friend that i have grown to like told the clerk he took her word for it being his child.
Under perjury she signed he was the father of the child as well as he.

She did claim it was his child.

Glad i got out of it. lol I hope he nails her ass.
SmellslikeDrama (OP)

User ID: 1267719
United States
01/13/2013 10:46 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?
The paperwork did say under perjury of law.

Maybe the dumb bitch forgot about that.
Anonymous Coward
User ID: 32111171
United States
01/13/2013 10:51 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?
...


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.
 Quoting: Anonymous Coward 32111171


Don't worry i just figured it out , she can go to jail for falsifying court documents.

She was my ex-wife . I was setting there when i signed away my rights on the child. My friend that i have grown to like told the clerk he took her word for it being his child.
Under perjury she signed he was the father of the child as well as he.

She did claim it was his child.

Glad i got out of it. lol I hope he nails her ass.
 Quoting: SmellslikeDrama


So you are the real dad and your friend is the nut that believed her.All she has to say is she truly believed the child was his and thats the end of it and she may have very well convinced herself he was the father.Since he didnt ask for a DNA test then they both appear to have believed he was the father.Women do that all the time on these stupid tv shows that try to prove who the real dad is because they really want that person to be the dad..Since he went along with it there is nothing to nail anyones ass to the wall about.She most likely convinced herself he was the dad just like some of these married women have convinced them self their husband is the dad and the one or two time fling couldnt possibly be the dad.
Anonymous Coward
User ID: 25254305
United States
01/13/2013 10:53 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?
Could he file a civil suit against her for fraud? Ask for monies for pain and suffering?
Ralph--a house dog

User ID: 25802009
United States
01/13/2013 11:31 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?
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.
 Quoting: Anonymous Coward 32111171


OP, if you friend was not married to child's mother I'm guessing he would not owe any more after that DNA test.

As for collecting---if the real father has any money maybe your friend could file a lawsuit against him for the child support. Even if his case is hopeless, the real father just might throw some money at him to make him go away, especially if he is married or in a relationship with someone else. That happens sometimes.
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Anonymous Coward
User ID: 25531744
United States
01/13/2013 11:38 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?
If he is attached to the child he needs to get a lawyer and sue for visitation. If it in the childs best emotional interests for him to continue being in his life then he needs to get have a guardian ad litem look into the best interest for the child. My mom was a guardian ad litem for years and it sucked the life out of her but he needs to get a attorney involved quick.
samanthasunflower

User ID: 29507233
United States
01/13/2013 11:39 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?
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.
 Quoting: Anonymous Coward 32111171


OP, if you friend was not married to child's mother I'm guessing he would not owe any more after that DNA test.

As for collecting---if the real father has any money maybe your friend could file a lawsuit against him for the child support. Even if his case is hopeless, the real father just might throw some money at him to make him go away, especially if he is married or in a relationship with someone else. That happens sometimes.
 Quoting: Ralph--a house dog


I know someone who is paying child support for a child that is not his genetically, and he was never married to the mother. His problem is that he let them put his name on the birth certificate before the dna test came back.

Now until and unless he finds the real father, the state of Oregon considers him to be the father of record. Which means he has to pay a big chunk of his paycheck every month.

Fair no, but the state will get their money one way or another.
Anonymous Coward
User ID: 32177926
United States
01/14/2013 07:24 AM
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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?
...


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.
 Quoting: Anonymous Coward 32111171


Don't worry i just figured it out , she can go to jail for falsifying court documents.

She was my ex-wife . I was setting there when i signed away my rights on the child. My friend that i have grown to like told the clerk he took her word for it being his child.
Under perjury she signed he was the father of the child as well as he.

She did claim it was his child.

Glad i got out of it. lol I hope he nails her ass.
 Quoting: SmellslikeDrama


So why exactly didnt you step up to the plate and ask for a DNA test to see if you were the natural father.So you didnt care enough about the child to prove it was or wasnt yours and he was dumb enough to just believe it was his and she probably didnt really know which it belonged to.Sounds like the three of you deserve one another.Its all 3 of you at fault.Now the baby gets drug thru the mess.
Anonymous Coward
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United States
01/14/2013 07:52 AM
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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?
The courts don't care about the fathers. I got bills for my sons doctor. I pay the health insurance and a SIGNIFICANT amount of child support. I'm also a regular part of my sons life. So, I get this bill for about $500. Not a big deal and I can pay it, but our legally filed divorce states she must pay any deductibles, co pays, etc.

I asked the ex to pay it and she didn't. A bill collector took me to court and I told them it wasn't my responsibility. The judge wouldn't look at the divorce decree, wouldn't listen to anything I said. He looked at me and said "it's time you took responsibility for your kid".

The judge didn't know anything about me and just assumes I'm some deadbeat dad. The bill collector told me I should sue my ex. Right, and then I get to deal with that? The system is fucked up.
Judethz
Israel is Eternal

User ID: 20521597
United Kingdom
01/14/2013 08:30 AM

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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.

 Quoting: samanthasunflower


kitty That's sure true.
Anonymous Coward
User ID: 1739167
United States
01/14/2013 12:35 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?
This why I stopped chasing tail a few years ago. I know 2 guys in this situation, and I would rather beat off for the rest of my life than deal with that kind of shit.

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