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.

What if after 15 years, your child's mother tell you that you are not the father,?

and you have been paying child support for 15 years and the mother told child support that he is not the father but child support is still taking money. Can you get that money back, what can you do legally? Isn't this illegal for the county to keep taking money eventhough you are not the father? (any lawyers out there)

8 Answers

Relevance
  • Daniel
    Lv 6
    1 decade ago
    Favorite Answer

    Happens all the time... In order for child support to collect you should have previously had a judgment of paternity entered naming you as father. If you were married when the child was concieved and born... there are presumptions that can conclusively make you the father even though you are not (even if a DNA test states otherwise).

    When the Judgment was entered for you to pay support you had every right to seek a paternity test... you must have waived it.

    Sooooooo you need to file a motion to set aside the child support order and to set aside the judgment of paternity based upon fraud. Then ask for a DNA test. You may have missed the statute on this one though.

    As far as recouping any money if it turn out you are not the father you will have to file in civil court for fraud not in child support court.

    You can't do this one by yourself.... you must have an attorney.

    Source(s): attorney
  • 1 decade ago

    That's crappy, as a single mother. with that being said, you have to first and foremost, find the ACTUAL father!! I'm guessing your name is on the birth certificate. Since you didn't question that and you have willingly been paying child support, you have accepted paternity. Unfortunately, you cannot just go in and take your name off of the birth certificate. The federal government will not bastardize a child. So, you must find the biological father and then DNA tests for all will be the next step. However, my best suggestion is to NOT ask the advice of these here on a chat line....contact a family attorney and find out what needs to be done and what are your next steps. Good luck and I'm sorry to hear about what she has done to you.....That puts a bad name on those mothers who are honest and forthright.

  • wizjp
    Lv 7
    1 decade ago

    How is the county doing something illegal? They are exercising a child support action that is supported by a fraudulent claim. Time to get an atty, disavow paternity and file charges

  • 1 decade ago

    You may be able to sue her for fraud depending on this circumstance...Is your name listed as the father of the child on the birth certificate? If it is, most states will consider that an acknowledgment of paternity. The FIRST thing you need to do is contact a lawyer then ask for a DNA test. Good luck.

    Source(s): ME
  • How do you think about the answers? You can sign in to vote the answer.
  • 1 decade ago

    first let me say as a woman, I am sorry. thats just a shitty thing to do. second, unfortunatley i have heard of men raising kids that they then find out are not theirs, and the courts still make them pay since they put themselves out there for yrs as the parent. if it was me, i would talk to a lawyer and see what he says. again...she put a bad name to all women and i am sorry she did that to you!!

  • DJ M
    Lv 4
    1 decade ago

    if she intentionally did that then you can sue her for fraud and try to get the money back. try doing it faster than the DA so before she goes to jail for fraud you can get some money back if not all.

    Source(s): im a guy
  • 1 decade ago

    Get an attorney

  • 1 decade ago

    You need a lawyer.

Still have questions? Get your answers by asking now.