Can you get child support back?

1. 60

   cmaddoxposted 12 years ago

   Can you get child support back?
   
   If a paternity test comes back that the children in question are not related and you were told they were for all their lives, can you get child support back that has been paid to an ex spouse?

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2. 83

   cheatlierepeatposted 12 years ago

   I think it depends on each individual circumstance. If the paying party was aware that there might be a possibility that the child wasn't theirs and paid anyway, then No. If they were completely fooled and lead to believe the child was theirs and didn't know there was another "possibility" then chances are they will be awarded their money back. Some judges rule differently because and say No in either case because it would take money and necessities away from the children and they are innocent in this. So, it really depends on case and judge.

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3. 40

   Borsiaposted 12 years ago

   I seriously doubt it.
   There have been a number of cases where people have been ordered to continue paying child support after test prove they are unrelated.
   These laws are rather twisted and, in my opinion, sick.
   The "view of the court" is that what is best for the child is what should be done, even if that goes against all logic.
   There is also the ability to pay on the part of the one who could be asked to refund past child support. As the saying goes you can't squeeze blood from a stone. The courts award settlements but they don't collect them.

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4. 82

   dashingscorpioposted 12 years ago

   Unfortunately it's not likely because the majority of states are more concerned about having someone/anyone paying child support as oppose to the state providing funds. Several states have a 2 year window for a man to determine whether or not he is the father. Another issue is the man has to be able to (prove) the woman "knowingly deceived" him.
   
   Having said that there is case going on in Tennessee which might be worth keeping an eye on. Click on the link below for details of this case.
   http://www.insurancejournal.com/magazin … 202889.htm

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