Is it possible to stop paying child support after a divorce with a praternity test?
posted Monday,
6:37 am
I am recently divorced (x 6mo) and have been paying child support and now it has come out that the mother never really was sure who the father was. We had him before the marriage so i am wondering if i got a praternity test and he wasnt mine could i go to court and stop paying child support or am i screwed since the divorce is final.
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Filed under: Divorce
First, hire a lawyer. No one here can tell you anything, and specifically since we don’t know where you live, we can’t even know what the law is in your state if we could give you any advice.
However, the answer also depends on the jurisdiction you live in. In most states, once you admit to paternity, even if it turns out you were duped; it doesn’t matter. You’re on the hook for life unless you’ve been contesting paternity all along.
There are trends, however, to "punish" the mother for lying to the putative father when it comes out that the paternity shows another man to be the true, biological father.
So in a divorce situation, if the wife knew about the other man being the father, its possible to skew the property distribution or alimony towards the husband who has been stuck with paternity.
Check with a lawyer though. Everything hinges on facts and the law in your jurisdiction.
consult a lawyer for your legal options..see what you can legally do in a situation like this
How old is the child – is the child 10 yrs or so? You could probably get a DNA test since it has recently come to your attention that the child may not be yours. If the child isn’t yours are you willing to say goodbye to the child and have no contact with the child? Otherwise, if the child isn’t yours – you could bring a motion to court stating (after the DNA confirmation) that you are not the father and the child support should stop immediately. She may even have to reimburse you.
Youre screwed man.
Ive heard that most of the time, they’ll do whats in the best interest of the child, even if they find that the kid isnt yours. Which is shameful in my mind. Unless you find who the real dad is, IMO, youre outta luck dude. Your only option therafter may be guilting her into not making you pay
you are screwed.when you put your name on the birth certificate you agreed to be that childs father. but for the child"s sake dont deny being the father over money.too many children are messed up in this world because they dont feel wanted or loved.even if you hate the mother dont deny the innocent child.think of the joy it will bring you in your older years.
Some states will relinquish you of responsibility if you can prove the child is not yours
In other states , just the mere fact that you acted in the capacity of a father is enough to bind you for 18 years.
In 20 states, no. Here’s what you need.
How to Get A Child Support Order Set Aside Due To Paternity Fraud On The Part Of The Mother
http://www.ehow.com/how_5936817_child-paternity-fraud-part-mother.html
Paternity Fraud Rampant
http://www.wnd.com/news/article.asp?ARTICLE_ID=48871
To learn your rights, join Dads House in Yahoo Groups
http://Dads-House.org
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The courts see stability for the kid as more important than anything else. So the time for contesting your paternity was for the first couple of years after the child was born. But if it’s been years since the child was born and your name was on the birth certificate, then the system views the child as yours whether that’s scientifically the fact or not. Go with the existing relationship with the child, even though the child is at best adopted by you.