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can he get his child support back?

My boyfriend has been paying the court ordered child support for his x's baby for the last 2 years. He has never seen the child(we live in another state now) so that is not an issue. The thing is that she just admitted that he may not be the father. My BF is demanding a paternity test. If it turns out it's not his baby can he get his 7,000 he has paid over the last 21 months to her back?

 
Anonymous

Asked by Anonymous at 11:23 AM on Jan. 15, 2010 in General Parenting

This question is closed.
Answers (10)
  • You'd have to check your state laws, or even better, speak with an attorney. In Ohio, there is no reimbursement of child support paid if it's determined the payor is not the father. In fact, if he is on the birth certificate, he is obligated to pay unless he terminates his rights as a parent. (In some states his obligation continues even with termination unless the child is adopted.)
    Scuba

    Answer by Scuba at 11:35 AM on Jan. 15, 2010

  • Yes I do believe so
    officerdouglas

    Answer by officerdouglas at 11:25 AM on Jan. 15, 2010

  • generally, for court ordered child support, he either would have had to have done a paternity test already or have signed an Affidavit of Paternity meaning he swore an oath that he was the father without a paternity test.

    he might be able to take her to small claims court over it though if it turns out he isn't the father.
    Anonymous

    Answer by Anonymous at 11:26 AM on Jan. 15, 2010

  • Yes and I would make sure the judge orders it back to him. He should really consult an attorney so he will know all the right steps to take. GL!
    MrsLeftlane

    Answer by MrsLeftlane at 11:27 AM on Jan. 15, 2010

  • OP: He had no reason at the time to deny it was his son so when she went to court to demand the support he said okay and didn't try to contest. I don't know what he signed we had only been together for a couple of months when this happened.
    Anonymous

    Answer by Anonymous at 11:28 AM on Jan. 15, 2010

  • I don't know how true it is, the person who told me this has been known to be less than truthful, but someone once told me the only way he could get it back is if he can prove she deliberately lied about him being the father. Even though she has now admitted he may not be, proving that she lied would be hard. It would be easy for her to say that she thought he was the father, that the dates were off or whatever, and it would be hard for anyone to prove otherwise. Best thing I can say is either talk to a lawyer, or have him ask the judge when the paternity results show he's not the father if they can order her to pay it back.
    tropicalmama

    Answer by tropicalmama at 11:56 AM on Jan. 15, 2010

  • probably not! i've never heard of anyone getting back their court ordered support. it's what is in the best interest of the child, not in his best interest. i'd say he has to kiss that money goodbye!
    angevil53

    Answer by angevil53 at 12:22 PM on Jan. 15, 2010

  • i know in illinois you cant get a child support order WITHOUT a paternity test.
    Anonymous

    Answer by Anonymous at 1:37 PM on Jan. 15, 2010

  • I hope so it would be a victory for all the dad's being taken advantage of by the system. I do believe it takes 2 to support a child but my husband pays $875 a month for 1 four year old who's daycare only costs $525 a month. That is with a monthly income of only 3,200 and a second child in daycare to support. I wish you the best because it is not right on principle to take from one parent to give to another that makes the second child eligible for wic and foodstamps but unable to recieve it because the state considers the child support we give away as being able to put food on our table. I don't know if he would be successful because I think it would be really hard to prove she knew the child was not his.
    Anonymous

    Answer by Anonymous at 2:33 PM on Jan. 15, 2010

  • yes he should be able to I would definately get a lawyer and persue it.
    Texan1993

    Answer by Texan1993 at 11:25 PM on Jan. 15, 2010