after 15 years child is not mine, I want my child support back

[usedfor15]

What is the name of your state? Virginia

After 15 years of thinking that I have a daughter, her mother informed her that I am not her father. We were married at the time of her birth. I petitioned the court for a dna test and we returned to court for the results and I am NOT her father. I have paid child support through the DCSI since she was born. I did this without anyone forcing me, however it was through the court system since it was part of the divorce decree. Evidentally the mother has know this all along. I want to know what I can do legally. Can I get my money back? Can I get child support from her for the months the child lived with me? Can I force the mother to take the child to councelling at her expense? Can she be charged with fraud or anything criminal? Can I get repaid for the dna test? Is there any way I can do this by myself without being strapped with more expenses? (Lawyer fees) Thank you,

 

[kat1963]

Nothing criminal in VA.YET. I can see it being on the books within the next few years (paternity fraud). Pissed off? Then help us fight for it.
VA. CODE ANN.
§20-49.10 (2002)
When paternity is disestablished, a court may set aside the child support obligation as well. However, the court may not retroactively modify the support order. It can grant relief only from obligations that accrued from the date the disestablishment petition was served on the non-filing party.

So file for repayment from the time she was served including the DNA testing.

Good Luck!

KAT

 

[JETX]

You can certainly try to sue her to recover any child support you paid within the Statute of Limitations, but in order to collect you will have to PROVE to the court that SHE knew you were not the father and was committing a fraud. Simply, if both of you just found out with the DNA results.... then no fraud or intent to fraud.

 

[nextwife]

JETX, as a woman, I wonder how any woman CAN"T know that a guy may not be the father? I mean, either you ONLY had sex with your husband or you didn't. If a woman had sex with other than their husband, she'd have to be a brain dead moron not to know that someone else could likely be the father. Few people are that stupid. It can't be a SURPRISE to her that there might be other sperm there!

Paternity fraud should be treated as the aggregious, disgusting crime it is. Other, less devasting forms of fraud are vigorously prosecuted.

 

[rmet4nzkx]

In this case the mom told the daughter he was not the father so she knew all along that is when ie challenged it. But by then it was 15 years later.

 

[JETX]

JETX, as a woman, I wonder how any woman CAN"T know that a guy may not be the father? I mean, either you ONLY had sex with your husband or you didn't.

And if she didn't, as in this case, she may have HOPED that the father was her husband.... but that doesn't mean that she didn't KNOW.

If a woman had sex with other than their husband, she'd have to be a brain dead moron not to know that someone else could likely be the father.

Ah, and there you change the 'rules'. No one said that she didn't suspect another man. Presumably, the mother just assumed that the OP was the father..... or maybe she knew. And if she knew and still claimed the OP as the father, than that COULD be seen as fraud. However, if she honestly felt that he MIGHT be the father and claimed as such, no fraud.

 

[LegalBeagle]

What is the name of your state? Virginia

After 15 years of thinking that I have a daughter, her mother informed her that I am not her father. We were married at the time of her birth. I petitioned the court for a dna test and we returned to court for the results and I am NOT her father. I have paid child support through the DCSI since she was born. I did this without anyone forcing me, however it was through the court system since it was part of the divorce decree. Evidentally the mother has know this all along. I want to know what I can do legally. Can I get my money back? Can I get child support from her for the months the child lived with me? Can I force the mother to take the child to councelling at her expense? Can she be charged with fraud or anything criminal? Can I get repaid for the dna test? Is there any way I can do this by myself without being strapped with more expenses? (Lawyer fees) Thank you,

The real question here is.. have you been a father to this child for the last 15 years? If so, then you got your money's worth..

 

[nextwife]

And if she knew and still claimed the OP as the father, than that COULD be seen as fraud. However, if she honestly felt that he MIGHT be the father and claimed as such, no fraud.

Ah, but DID she claim that to him or did she deliberately withold that information so he could not find out the truth?

In other areas of the law, knowing there may be a problem and failing to provide full disclosure does create a liabilty. Just because she wished upon a star that the lucky sperm belonged to her husband shouldn't relieve her of culpabilty for failing to disclose the possibilty.

I agree that for many of us, having any biological ties to our kids is irrelevant to our love and support of them. Neither my husband nor I are the biological parents of our child. But a de facto "adoption" shouldn't be done by deception.

Anyway, JETX, I'm not arguing this wwith you, I realize you are only reporting on the law. I just find it appalling that we give women a free pass for practices and deciets that in other areas of the law would be prosecutable. I guess I'm ranting -it horrifies me that any woman could lie, and then gain monetarilly from their lie with the assistance of the government, about such an important matter.