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Alpo

This morning's random legal thought

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If you are, supposedly, the father of the child, and as such are paying child support. And then when the child is 16 or 17 DNA testing is done which proves that you are not related to the child in any way.

 

Would the mother of the child have to give you back all the money you had spent on child support?

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Depends on the state.  Utah used to say you're on the hook if you were ever required to pay.  You might not have to pay any more but you don't get anything back.

 

Ben years since the issue ever came up in my circle of friends.

 

 

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In PA and CA you are screwed. 

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Early in my career, I worked to get a man in that situation out of paying child support. Add Ohio to the list of states where it is virtually impossible to do.

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If you acknowledge the child (yours or not) you are on the hook for support.
Even if the child is proven to be not yours at some future date
(CA)

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Or if the courts acknowledge it for you.  Best you can hope for is to not have to pay any more. 

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Hopefully by then you have bonded with the child and are acting like a real dad. Anyone can be a father. It takes someone special to be a dad.

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Soooo, if you EVER “have” a kid under any circumstances, have a DNA check performed.

 

30% to 50% of women fool around, so if blood matters to you, have a DNA check performed prior to or immediately after birth.  Me?  I’d have the test performed.  

 

Cat Brules
 

 

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I'd certainly have the test performed before I agreed to pay the 1st dime of child support.  Child support is court ordered so there is no recovering past payments.  You can only get the court ordered payments removed if you later find out the kid isn't yours.  

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Alpo, if you want to get a fair deal in a custody fight you have to have a sex change operation prior to the court date, so that the judge has to decide between two women.  As a man, you are SOL.  Pay up and shut up is what I was told.

 

Duffield

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This exact thing happened to my cousin . He had a good lawyer and was told since he was married to the woman at the time she had the baby he was going to be paying child support until the kid was 18 . The kid ended up living with him eventually anyway, there close to this day so I guess it worked out but I couldn’t believe it when I found out 

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Several scenarios possible regarding the obligation to pay. But Alpo's specific question about whether you could get your already-paid money back is a resounding no.

 

For one thing, the courts regard it as paid on behalf of the child and for the child's benefit.

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33 minutes ago, Red Gauntlet , SASS 60619 said:

Several scenarios possible regarding the obligation to pay. But Alpo's specific question about whether you could get your already-paid money back is a resounding no.

 

For one thing, the courts regard it as paid on behalf of the child and for the child's benefit.

My cousin didn’t know for a couple years, so no he didn’t get his money back and also had to continue paying. Fortunately for him he had already grown attached to the boy so he’s not bitter about it 

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You're SOL in Ohio. The only hopes of being reimburse here is to sue them. 

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