QUESTION
If a paternity test proves I'm not the father, do I still owe arrears in child support?
Asked on Mar 20th, 2014 on Child Custody - Rhode Island
More details to this question:
My husband found out that he is not the biological father of his daughter. His ex was getting married and her fiance wants to adopt the kid so she came to him and told him she didn't think the baby was his. So they did the test and she is not his but they are saying he still owes the arrears in child support even after proving the baby is not his. They were never married either. So now he is paying a lot of money for a child that was never his. He is on the birth certificate.
3 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
If the money was owed to the state because the child was receiving benefits, he probably can't get out of it since his name was on the birth certificate. If it was owed to the mother, he can negotiate to get out of it as part of the relinquishment process.
Answered on Mar 21st, 2014 at 2:31 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
He can sue her for the payments he made to her. Depending on the age of the child, he may get a judgment for all of it back. I would include child support services as well, because let's say he gets a judgment for $3000 and owes $3000, the court may order a set off.
Answered on Mar 21st, 2014 at 9:56 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
See an attorney. I would have to review the file to determine if there is any possible relief.
Answered on Mar 21st, 2014 at 9:01 AM