Tuesday, 04 October 2011 13:12

Paying Child Support For A Kid That Is Not Mine

Written by  Matt Allen
Rate this item
(1 Vote)

paternity lawChild Support Question:

How do child support laws handle issues of potential paternity fraud?

My former girlfriend and I had a child out of wedlock who I pay child support for, though I rarely see him.

I've learned my ex lied to me about being the father and just wanted someone to help support the child.

Can I take a paternity test to officially determine I'm not the biological father and then terminate child support for a child I have no relationship with?

Answer:

My first word of caution is that each case is different and facts and circumstances, though seemingly small, can change the advice of the most seasoned attorney.  Because of this you should contact an attorney and lay it all out on the table.  For the purposes of this response I will presume that there is a court order that you pay child support.

In Indiana, you have to support a child you are ordered to support by a court. So, if there is a court order in place requiring you to pay child support then you need to continue to do so for the time being.

What you also need to do is submit to a paternity test with you and the child. DNA labs can do what is commonly referred to as a "motherless" draw. There is additional cost in many instances for doing so.

If your daughter is on board with this procedure it should not be difficult as it is a Q-tip swab of the mouth of each of you. Results can be returned in matter of days.

These results can lay the foundation for the court to hear a petition. The court may order a second test at a place or lab they deem reliable.

 

Read Related Articles On:
Paternity Fraud

If you are paying child support, then it may be possible to have those funds held by the court in escrow while the determination is made. If you are the father then the funds may be released to the mother; if you are not then you may still have another hurdle.

The court may require a showing of some duress, deceit or dubious act on the part of the mother to trick or coerce you into agreeing to be the father. If such an act of paternity fraud exists, the court can relieve you of you obligations.

An attorney with whom you have built a good working relationship can ease the fear and stress caused by going to court. They can also help you determine what is going to happen to lessen the worry of the unknown.

To set up an appointment with a Cordell & Cordell mens divorce attorney, including Nathan A. Hacker, an Associate Attorney in Indianapolis, please contact Cordell & Cordell. DadsDivorce.com also provides a variety of articles on paternity law.


Last modified on Tuesday, 04 October 2011 13:36
Read 6219 times
More in this category: « Men's Rights Spotlight: Fathers and Families Fathers Rights Violated: Dads Sue Agency For Putting Kids In Foster Care »

8 comments

  • Comment Link allonge gebyr Thursday, 03 January 2013 13:58 posted by allonge gebyr

    You really make it seem so easy with your presentation but
    I find this matter to be actually something
    which I think I would never understand. It seems too complex and extremely broad for me.
    I'm looking forward for your next post, I will try to get the hang of it!

  • Comment Link Mike Monday, 17 December 2012 23:05 posted by Mike

    I know for a fact I am not the father and this is the second time the mother has tried for child support. The first case was dismissed because she refused to take the child to be tested. She has moved to another county and when I tried to request DNA testing again they did nothing. I want this woman out of my life. Help!

  • Comment Link Iveth soto Saturday, 17 November 2012 05:08 posted by Iveth soto

    the same thing happened to my husband, he married this girl because he was in the army at the time and you all know that you get more $$ if you're married. 3 years later she showed up at his place in texas traveling all the way from California and had sex with him, 1 month later she call saying she was pregnant. even though he had doubts he still care for the baby, 7 years later she cheat on him, so filed for divorced and got a dna test on his daughter and of course hes not the father, he presented this on court but she still got everything full custody, and hes paying a big amount of $$ for a daughter that is not his!!!! hes also traumatized and it breaks my heart cuz the girl now 15 don't know anything. this should really be considered FRAUD!! and anyone that does this shoul go to JAIL!!

  • Comment Link Just me Saturday, 06 October 2012 19:27 posted by Just me

    My husband found out 5 years ago that he is not the biological father of his xwifes son.. He showed her the proof of the DNA result but she is saying out there that her child is he's .. And that we are just lying!! Sur how could a lovable father be lying about something like this!!! My husband stop having contact with the child because the x wife started creating problems between us . I know is not the child fault but my husband thought it would be better that way.. He gave up all hes rights to her and she moved like 125 miles away from where we r at.. She is starting to call him and actually forcing him to call her son for his birthday .. Why is she still screwing that kids head.. !! My husband is not the father and sooner or later that boy is going to find out the truth.!! Well my point here is " dont Play with others people minds" if u f***** up be a woman talk with the truth.. !! We all say poor lil boy is not hes fault""Yea of course it's not he's fault it's her own mothers fault cause she could of prevented this drama by coming out with the truth when she was pregnant!! Also how my husband got traumatized .. What about hes feelings .. He was real good father to that Lil boy it's to bad that her mother just F...... It up.!! I know your going to ask" if he I a good father why doesnt keep being in his life?! Well actually she is the proble she caused a lot of damage to us after my Judah confronted her.. And we didn't want drama around our kids.. . So lady's please don't give us a bad reputation .. If u are not sure who fathered ur child please don't point fingers to just anybody.. Stand up like woman that u really are!! Oh yea and one more thing to top it off court order him to pay mAndatory child support !! Court doesn't care if u are not the biological father !! It's funny how they let that shit happen .. While the mother is paying her luxury car payment with the child support money shes receiving and the real biological kids that he has with me are limited to toys and books!! That's Sad!!

  • Comment Link sophie Saturday, 06 October 2012 18:18 posted by sophie

    My boyfriend is trying to get a DNA test proving he's not the father (he was in combat during the period of conception and married her when returning home), she left him immediately after the birth and he found out that this is a pattern with her - she's a manipulative gold-digger. He never signed the birth certificate or paternity affidavit and has the paperwork to prove he was in Iraq. He has also had almost no contact with the child and she told him recently who the real father is. Can he get a subpoena for the biological fathers DNA when his is done, and if so will this release him from child support? The child is less than two years old and again, he has had so little contact with her, she wouldn't recognize him. Anyone have experience with this sort of situation?

  • Comment Link Ozie Saturday, 01 September 2012 02:51 posted by Ozie

    these laws and other problems can be changed, just by the meetings of the mind, we spend for more time crying and feeling helpless and not enough time banding together and getting one brilliant mind to lead the charge for the changes that are necessary to stop this injustice that are against men who are not the fathers of children who are not there's.
    Martin luther King led thousands to the white, minister louis Farrakhan who I am not associated with Organized the black Million man march, if he can bring a million men to the white house Im quite sure that all of the men black white hispanic asian and others are having the same issues with there spouses are ex girlfriends, it just takes one mind and one mind only, all you need is a powerful speaker with a strategy and a vision what is needed to bring you all together and you will accomplish true change. remember power is in numbers real large numbers.

  • Comment Link chuck Wednesday, 18 July 2012 17:23 posted by chuck

    I am married but stopped living with her in 1996 she went on to have 2 kids with other men and their paternity has been proven am I responsible for this child and what happens if I file for divorce and get remarried

  • Comment Link John Monday, 07 November 2011 16:07 posted by John

    The Legal System make it a scam for the pepole it is a simple as:1 DNA test prove paternity 2 EQUAL prental rights period. but we can not make it that simple there KNOW MONEY to be made wake up CITIZENS .the goverment has taken $58,000.00 dollars from me for child support for a child i prove thru DNA I'm not the father that was to the State of OHIO welfare system ODJFS

Leave a comment

Make sure you enter the (*) required information where indicated.
Basic HTML code is allowed.

back to top
Cordell & Cordell Website