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What happens if (child support, DNA)

What happens if a man has a child with someone, they break up, he ends up paying child support, then has a DNA test done a little while down the road and the child isn't his? Does he get screwed out of paying for a child that wasn't his? Can a man legally take a woman to court for something like that? I'm just genuinely curious, the thought came to my mind after reading another question on here.

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Nanixh

Asked by Nanixh at 1:11 AM on Jul. 7, 2011 in Relationships

Level 30 (42,521 Credits)
Answers (11)
  • Yes, he can take her to court and sue for sure, and should!
    emmyandlisa

    Answer by emmyandlisa at 1:13 AM on Jul. 7, 2011

  • This is completely a guess but I would think he'd probably have to sue in civil court to get that money back if he wanted to do it.
    genagina

    Answer by genagina at 1:13 AM on Jul. 7, 2011

  • I would think that unless he can prove that she definately knew the child wasn't his, which would be nearly impossible unless he has evidence of her stating otherwise from the beginning. THen he is just out of luck and the money is gone.
    tntmom1027

    Answer by tntmom1027 at 1:14 AM on Jul. 7, 2011

  • we would stop payin and would want the money back but dony have tis prbl all the kids are grw
    betty.dugat

    Answer by betty.dugat at 1:15 AM on Jul. 7, 2011

  • It depends on the State, and it depends on how long the man was paying / filling the role as "father". There really isn't a "set" answer to this.
    sailorwifenmom

    Answer by sailorwifenmom at 1:16 AM on Jul. 7, 2011

  • If he's on the birth certificate he has to pay, espeically if they were married and his on it but isnt the father.
    IF he is able to get his named removed from the birth certificate, he doesn't get any of the money back that he paid.
    mommy_of_two388

    Answer by mommy_of_two388 at 1:18 AM on Jul. 7, 2011

  • I think that he can, b/c my dh and I are getting ready to ss mom to court to take a dna test for ss now. Our lawyer said we could sue her for paternity fraud and she would have to pay back child support. If she refused they could even garnish her wages and tax refund. There is a petition being started now, where every father/child /mother going up for child support must take a dna test to prove paterntiy. I think it is a great idea considering some women falsy accuse a man of fathering their child then said man has to pay support. But there are dead beat dads to, my sons biodad is one. He rather get paid under the table or go to jail then pay child support.
    sunsetbeach81

    Answer by sunsetbeach81 at 1:19 AM on Jul. 7, 2011

  • Yes he can and should sue and can even get compensation for pain and suffering for thinking he had a child. If she would have said in the first place that there was a possibility of the child nt being his then the man would not have had to pay child support in the first place before DNA testing had been done. The only way they place an order for child support without DNA testing is if the man signs the birth certificate or the woman says shes sure of who the father is.
    bercasto

    Answer by bercasto at 1:19 AM on Jul. 7, 2011

  • Wow, that's kind of sad that if they're married he still has to pay for something his wife did behind his back. That seems so unfair.
    Nanixh

    Comment by Nanixh (original poster) at 1:19 AM on Jul. 7, 2011

  • I know it's unfair but it's also unfair to the child to stop receiving benefits because their mom is a whore. No one wins in that kind of situation.
    mommy_of_two388

    Answer by mommy_of_two388 at 1:25 AM on Jul. 7, 2011

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