Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.

Can a man sue for damages if he finds out that a child he is paying child support for is not his?

Assume the mother knew the truth.

Update:

Assume the mother knew the truth. And it is not me. I got the idea while listening to the song Golddigger by Kanye West.

22 Answers

Relevance
  • kp
    Lv 7
    1 decade ago
    Favorite Answer

    If it’s proven that the child is not yours, then you *may* be able to get out of paying future child support (but even that is not a given--there are lots of men in the US who are being forced to pay child support for children who have been proven via a dna test not to be their biological children, because they failed to contest paternity in a timely manner). As far as getting back the child support that you’ve already paid---many men have tried and I’ve yet to hear of a single case where one has been successful.

  • 1 decade ago

    You know that the sad fact is in many states that when you sign the birth certificate, even if the mother lied to you about you being the father, you are legally responsible for this child until the child reaches the age of 18. Sad fact, but it is so. I for one think that if a man and woman are not married that a DNA test should be mandatory. I would pay for the test myself if it was me, the 100 dollars or so you would spend could save you thousands in the end. Most women don't agree with this, but we all have watched talk shows about who is the father, and these women always say they know who the father is, well we know that is just not the case...

  • Anonymous
    1 decade ago

    I am not sure how to express it right, but I believe that there is

    some law, which says that the child is your child if the law

    recognises it as your child. It means that if you accepted this child as yours years ago and never doubted the paternity, it's your child, no matter if you are not a biological father (like adoption, when the parents are not biological parents, but responsible for the child as if they were real parents). So, you will be held responsible for the child anyway. Unless you questioned the paternity after the birth or whereabouts. If the birth happened years ago, and you are questioning it now, it will lead you nowhere (you'll just find out that you are not a real father, but will be forced to act like one).

    You'd better ask the lawyer.

  • 1 decade ago

    UMM why would you be paying child support on a child without a DNA test> assuming this was a child not concieved during a marriage, BUT YES.. with a DNA test to prove that hed been paying on a child that wasnt his, MOST states do have some sort of protection laws.. youd need to contact a lawyer most definately

  • How do you think about the answers? You can sign in to vote the answer.
  • 1 decade ago

    It depends where you live, but the law is generally that whoever takes on a parental role is considered to be a parent. For example, if you marry and then divorce a single mother, you have to pay child support.

    Judges place a lot more weight on the best interests of the child than on some adult who's been done dirty--and rightly so. Do not expect that a judge will expect a single mother to take food out of her baby's mouth to pay damages to a third party. It might not seem fair, but the rights of the helpless child should take precedence over the adult's rights.

  • 1 decade ago

    That all depends, but I would have to say, Do you now love the child? would you consider the child yours? (even though you find out it's not) Cause I know if I had that child in my life for a long time, and then found out it wasn't mine, I'm sorry but I would still have to claim him/her as my own. Just out of Love for it. Because if you do love this child and plan on keeping him/her in your life, what are you going to say to him/her when there older, that you sued there mother because you wern't mine? and also you'll take the chance of the mother not letting you see the child again is its not yours and you sue. Alot to think about before doing something you could possibly regret the rest of your life. But thats just me and how I would feel.

  • 1 decade ago

    Absolutely,If she wasn't raped she sure knew.However I would beg of you not to take any further action.Be still in the knowledge that you found this out when you did and be comforted by the fact that history has recorded her lie and shame for all eternity to see.Though the mother did not do this,please be the one to give this child a semblance of peace and love.This miracle that you perform for this child will reverberate in ways and in places that you could ever imagine.I send you my blessing and pray that your path would be smooth from this day forward

  • 1 decade ago

    It depends on what state you live in. In CA, you are considered the 'father' if you take care of the child at any point in that child's life. If you have receipts, you can probably take them to small claims court. But remember, you will have the burdon of proof. You have to prove the mother knew the truth, or have a DNA test that proves it.

  • 1 decade ago

    Yes but what happens in most cases is the mother will already be on a government payment so she will only have to pay it back at like $10 per week. It really sucks but thats whats happened to people ive heard of in that situation.

  • Anonymous
    1 decade ago

    if you can find a lawyer that will take the case , you can sue for putting your shoes on the wrong feet, but as with the child support, if the judge don't through the case out ,you not being female, will loose

Still have questions? Get your answers by asking now.