You did the right thing when your girlfriend came to you with the news she was pregnant—you signed an admission of paternity (conveniently provided to you by your local district attorney) and started making the obligatory monthly child support payments.

Now, your girlfriend wants to break up and wants nothing to do with you. And oh, by the way, she has a news flash for you. You know the child you've been supporting? The little girl who's been calling you daddy and snuggling on your lap? The child you've been buying birthday and Christmas gifts for over the last 6 years? Guess what, sucker, you're not the baby's daddy after all!

What now? What about the over $20,000 {N7.25m} in child support payments you've made over the past 6 years? It sure adds up fast, doesn't it? Are you entitled to get that money back?

The answer, unfortunately in today's legal environment, is no! In fact, under the laws of most states, even if you find out the child you've been supporting is not your biological child, you will still be on the hook for child support until the child reaches 18.

More often than is widely known, a paternity case may turn out to be the kind of situation where nice guys actually finish last. Mothers who are receiving state aid are required to provide the district attorney (DA) with the name of the child's father so that the county can recover a portion of that aid through child support payments. Mothers who are not receiving state aid can also go to the district attorney for assistance in collecting child support payments.

Unfortunately, studies have shown that, for a variety of reasons, including fear, wishful thinking, or not wanting to be joined for life to the jerk who is the baby's daddy, single moms may provide the DA with the wrong name in connection with a child support claim. And many men, having absolutely no reason to doubt that the child belongs to them, do the right thing and start making those monthly payments, no questions asked.

Under the laws of most states, once a man has signed an acknowledgment of paternity and a judgment of paternity has been entered by the Court, it's a done deal and there's no turning back. In the eyes of the law, a father-child relationship has been established.

For obvious reasons, legal movers and shakers have no reason to want to change that. They are interested in collecting child support payments from a father. Unfortunately, in some instances, any father will do. Once you're on the hook, they have no reason to want to let you go.

But, paternity has been voided in some cases where there is strong evidence that the man in question is not the father. The men involved were able to obtain scientific evidence through DNA testing that the child truly was not theirs and they were able to convince the DA or the courts to make an exception.

THE LESSON: All men faced with a claim of paternity should request DNA testing before admitting paternity or signing anything. This is your legal right. And, it holds true no matter how much you trust the mother of your child. Trust has little to do with it. It is an obligation you owe not only to yourself and to the child's mother, but to the child as well. Paternity has implications that reach far beyond an obligation to make monthly child support payments. The father-child relationship carries with it strong emotional and psychological bonds.

Beyond this, once a man is legally adjudged to be a child's father, he can have his wages garnished for child support and can be court-ordered to seek employment. He can also be criminally prosecuted and do jail time if he fails to make child support payments. Also, under the laws of most states, the child will be obligated to support the father if he becomes incapacitated. And, unless specifically excluded by will, the child will be entitled to share in the father's estate after he dies. Thus, as one court noted, the implications of a father-child relationship "reach beyond the grave."

So start things off on the right foot and get the paternity issue settled at the outset. Once you're on the hook for child support, it may very well be too late to turn back the clock. If at some point down the road evidence surfaces that the child may not be yours, good luck trying to get your local district attorney to agree to a DNA test at that point. It ain't gonna happen!

BOTTOM LINE: Will you be entitled to a refund of child support later on, if it comes to light you are not the child's father after all? No! Can you undo the emotional damage to you and to the child? Probably not. Your child deserves to have you go into this with your whole heart. So, take care of the legal stuff now, put it behind you, and get on with the business of raising your child.

SOURCE: https://www.legalzoom.com/articles/can-you-get-a-refund-if-the-child-you-support-isnt-really-yours

thats the sad fact about the US system/policy on child support....

any man who is dumb enough to sign the birth certificate without a having a DNA test (to prove that he is actually the father of that child) will have to pay for that child....and if it takes 10yrs before you realize that child aint yours, all the money you have paid will never be refunded to you.

The scenario is comparable to boarding a bus from a motor park..."No refund of money after payment"

Can't Legal topshots push for a change?

Paternity fraud should be a crime punishable by law.

If the mother is not sure because she had multiple partners, the honorable thing would be to conduct a DNA test for all the possible fathers.

Strong arming a man to pay for a child he did not father is as terrible as an irresponsible father absconding.

If the law recognizes the latter as terrible and seeks to redress, it should also take into cognizance the former.

Kingosytex:
The scenario is comparable to boarding a bus from a motor park..."No refund of money after payment"

The bus is sha bound to take you to your destination.

prof2007:
[s]You did the right thing when your girlfriend came to you with the news she was pregnant—you signed an admission of paternity (conveniently provided to you by your local district attorney) and started making the obligatory monthly child support payments.

Now, your girlfriend wants to break up and wants nothing to do with you. And oh, by the way, she has a news flash for you. You know the child you've been supporting? The little girl who's been calling you daddy and snuggling on your lap? The child you've been buying birthday and Christmas gifts for over the last 6 years? Guess what, sucker, you're not the baby's daddy after all!

What now? What about the over $20,000 {N7.25m} in child support payments you've made over the past 6 years? It sure adds up fast, doesn't it? Are you entitled to get that money back?

The answer, unfortunately in today's legal environment, is no! In fact, under the laws of most states, even if you find out the child you've been supporting is not your biological child, you will still be on the hook for child support until the child reaches 18.

More often than is widely known, a paternity case may turn out to be the kind of situation where nice guys actually finish last. Mothers who are receiving state aid are required to provide the district attorney (DA) with the name of the child's father so that the county can recover a portion of that aid through child support payments. Mothers who are not receiving state aid can also go to the district attorney for assistance in collecting child support payments.

Unfortunately, studies have shown that, for a variety of reasons, including fear, wishful thinking, or not wanting to be joined for life to the jerk who is the baby's daddy, single moms may provide the DA with the wrong name in connection with a child support claim. And many men, having absolutely no reason to doubt that the child belongs to them, do the right thing and start making those monthly payments, no questions asked.

Under the laws of most states, once a man has signed an acknowledgment of paternity and a judgment of paternity has been entered by the Court, it's a done deal and there's no turning back. In the eyes of the law, a father-child relationship has been established.

For obvious reasons, legal movers and shakers have no reason to want to change that. They are interested in collecting child support payments from a father. Unfortunately, in some instances, any father will do. Once you're on the hook, they have no reason to want to let you go.

But, paternity has been voided in some cases where there is strong evidence that the man in question is not the father. The men involved were able to obtain scientific evidence through DNA testing that the child truly was not theirs and they were able to convince the DA or the courts to make an exception.

THE LESSON: All men faced with a claim of paternity should request DNA testing before admitting paternity or signing anything. This is your legal right. And, it holds true no matter how much you trust the mother of your child. Trust has little to do with it. It is an obligation you owe not only to yourself and to the child's mother, but to the child as well. Paternity has implications that reach far beyond an obligation to make monthly child support payments. The father-child relationship carries with it strong emotional and psychological bonds.

Beyond this, once a man is legally adjudged to be a child's father, he can have his wages garnished for child support and can be court-ordered to seek employment. He can also be criminally prosecuted and do jail time if he fails to make child support payments. Also, under the laws of most states, the child will be obligated to support the father if he becomes incapacitated. And, unless specifically excluded by will, the child will be entitled to share in the father's estate after he dies. Thus, as one court noted, the implications of a father-child relationship "reach beyond the grave."

So start things off on the right foot and get the paternity issue settled at the outset. Once you're on the hook for child support, it may very well be too late to turn back the clock. If at some point down the road evidence surfaces that the child may not be yours, good luck trying to get your local district attorney to agree to a DNA test at that point. It ain't gonna happen!

BOTTOM LINE: Will you be entitled to a refund of child support later on, if it comes to light you are not the child's father after all? No! Can you undo the emotional damage to you and to the child? Probably not. Your child deserves to have you go into this with your whole heart. So, take care of the legal stuff now, put it behind you, and get on with the business of raising your child.

SOURCE: https://www.legalzoom.com/articles/can-you-get-a-refund-if-the-child-you-support-isnt-really-yours[/s]

Try to get accurate information before posting sensitive things.

The only thing you got right is that there will be no refund, HOWEVER, future payments will only continue to be made if the man decides not to pursue it.

There was a very popular case of such in California and even though the lower courts ruled in favor of the woman to continue receiving child support, that decision was appealed and thrown out by the state supreme court.

Paternity fraud is a serious offense and they are trying to create legislation to make refunds possible. They will get there.

bukatyne:
Can't Legal topshots push for a change?

Paternity fraud should be a crime punishable by law.

If the mother is not sure because she had multiple partners, the honorable thing would be to conduct a DNA test for all the possible fathers.

Strong arming a man to pay for a child he did not father is as terrible as an irresponsible father absconding.

If the law recognizes the latter as terrible and seeks to redress, it should also take into cognizance the former.

DNA test is not cheap, if it was cheap most women would do it quietly

ZIMDRILL:


DNA test is not cheap, if it was cheap most women would do it quietly

Let it be made cheaper.

crackhaus:

Try to get accurate information before posting sensitive things.

The only thing you got right is that there will be no refund, HOWEVER, future payments will only continue to be made if the man decides not to pursue it.

There was a very popular case of such in California and even though the lower courts ruled in favor of the woman to continue receiving child support, that decision was appealed and thrown out by the state supreme court.

Paternity fraud is a serious offense and they are trying to create legislation to make refunds possible. They will get there.

@bold:

Good to hear.

They should also add jail term too.

It would make the women sit up and be 100% sure of the father(s) of their children.

MrBrownJay1:
thats the sad fact about the US system/policy on child support....

any man who is dumb enough to sign the birth certificate without a having a DNA test (to prove that he is actually the father of that child) will have to pay for that child....and if it takes 10yrs before you realize that child aint yours, all the money you have paid will never be refunded to you.

most men sign because there told that their are the father and those men would not have doubts of being the father, if not they do but can not afford DNA test, now DNA tests are becoming cheap but before they used to be expensive so many people still have that mentality that DNA is expensive so they dont go that route

ZIMDRILL:


DNA test is not cheap, if it was cheap most women would do it quietly

How much does it cost in your neck of the woods?

ZIMDRILL:


most men sign because there told that their are the father and those men would not have doubts of being the father, if not they do but can not afford DNA test, now DNA tests are becoming cheap but before they used to be expensive so many people still have that mentality that DNA is expensive so they dont go that route

Ahh, thank God you have corrected yourself.

bukatyne:


Let it be made cheaper.

its now a bit cheaper but people still have that mentality to say its expensive

And remember the one who has doubts is the one who pays for the test which is usually men

bukatyne:


@bold:

Good to hear.

They should also add jail term too.

It would make the women sit up and be 100% sure of the father(s) of their children.

Lol, it's not a 'criminal' offense which is why there is no jail term YET. It's a serious offense though given the emotional and financial ramifications on the man involved.

The ongoing debate is to make it a 'criminal' offense.

Hian! How terribly unfair!

Well, since DNA test is not as pricey there, it is wise to be double sure before signing any paternity agreement. It is well.

ZIMDRILL:
most men sign because there told that their are the father and those men would not have doubts of being the father, if not they do but can not afford DNA test, now DNA tests are becoming cheap but before they used to be expensive so many people still have that mentality that DNA is expensive so they dont go that route

true but nobody should sign any paper until they are 100% sure that they are the father. for a few dollars you can now be set about being the daddy or not, BEFORE signing the birth certificate.

check LAUREN LAKE PATERNITY COURT on youtube, and you will be amazed at how many will shout that there is NO OTHER MAN that can possibly be the father, and when the dna test say otherwise, they now say:" oh yeah i know who the real daddy is".

MrBrownJay1:


true but nobody should sign any paper until they are 100% sure that they are the father. for a few dollars you can now be set about being the daddy or not, BEFORE signing the birth certificate.

check LAUREN LAKE PATERNITY COURT on youtube, and you will be amazed at how many will shout that there is NO OTHER MAN that can possibly be the father, and when the dna test say otherwise, they now say:" oh yeah i know who the real daddy is".

i get you but nearly 99% of the time, the guy would be in love without any suspicion so he signs

Also not knowing the law, aka signing as the father means you are the legal father, irregardless as not being the biological father.

ZIMDRILL:
i get you but nearly 99% of the time, the guy would be in love without any suspicion so he signs
Also not knowing the law, aka signing as the father means you are the legal father, irregardless as not being the biological father.

back in the days yes, men would be silly enough to sign the birth certificate blindly, but today before you sign on the dotted line you must be 110% sure about paternity (and sadly nobody can give you that kind of confirmation).... especially if you guys are NOT Married.

crackhaus:

Try to get accurate information before posting sensitive things.

The only thing you got right is that there will be no refund, HOWEVER, future payments will only continue to be made if the man decides not to pursue it.

There was a very popular case of such in California and even though the lower courts ruled in favor of the woman to continue receiving child support, that decision was appealed and thrown out by the state supreme court.

Paternity fraud is a serious offense and they are trying to create legislation to make refunds possible. They will get there.

Us judges are very stupid sha....someone got to find out the kid(s) he has been paying child support for aren’t his and they still want him to continue paying. I don’t know if that is heartless and plain stupidity.


Guns are legal in the US,right? If I was the man I’d simply get one and kill those motherfvckers then go to jail.

MrBrownJay1:


back in the days yes, men would be silly enough to sign the birth certificate blindly, but today before you sign on the dotted line you must be 110% sure about paternity (and sadly nobody can give you that kind of confirmation).... especially if you guys are NOT Married.

its because the generation before didnt know better, it is now the duty of our generation to teach the young one, to say go for dna if there is any duty

Paternity fraudsters should be jailed seriously, how will a man realise he is not the father but is still made to pay child support? U.S.A and some of their stupid laws sha...

Plead:


Us judges are very stupid sha....someone got to find out the kid(s) he has been paying child support for aren’t his and they still want him to continue paying. I don’t know if that is heartless and plain stupidity.


Guns are legal in the US,right? If I was the man I’d simply get one and kill those motherfvckers then go to jail.

its process you have to go through, to stop the child support, it doesnt mean if DNA shows that you are the father then automatically you stop child support no. The guys name has to be taken off the child's birth certificate and this would be done through courts request and procedures once its done then he stops paying because is nolonger the legal father

Plead:

Us judges are very stupid sha....someone got to find out the kid(s) he has been paying child support for aren’t his and they still want him to continue paying. I don’t know if that is heartless and plain stupidity.


Guns are legal in the US,right? If I was the man I’d simply get one and kill those motherfvckers then go to jail.

That's just one of the negative drawbacks of advocating for female-centered legislation. More than a few times, it is usually at the expense of men.

California is very pro-women so it would be expected that a lower court judge will tend to skew towards making decisions that favor the female gender.
However, the state supreme courts hold no such biases because they are composed of at least four judges...thus, judgements by a lower court are almost always overturned in 'common sense' cases.

Why will your girlfriend ask you to sign child support payments? Or ask you to sign that you are the father? That’s strange and does not happen anywhere in the world. Such actions will raise suspicion by a normal person and should prompt them to take DNA tests. Only people that ask for child support are separated partners or divorcees. Not boyfriend and girlfriend who will likely be living under one roof.

What I know that may be unfair is if the boyfriend knew that he wasn’t the father but treated the child like his and, took care of the child financially. If they break up, the mother of the child can sue him for financial support . I must confess that one is bad. But they do it all to protect the child.

Now, in the case of paternity fraud where someone lies and you accept and pay child support, I think the man can sue for a refund. The only issue is most men don’t pursue the case, they just leave it and want to be as far from the woman as possible. A man that means business knows what to do. In this day and age, no one should pay child support on a child where there is no DNA test done.