if I find out a child is not mine what about the child support?

I have paid child support for the oldest child. She just turned 18 and now I find out that she is not mine. What can I do. Can I get like a credit on the child support that I am paying for my other children?

Update:

Sorry asking question for someone else...lol

13 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    depends; such as the state your in, and if they consider your name on the birth cert (if it is), or if you were married (then they consider the child yours), etc etc.

    depends upon the state; each is different (slightly) about child support guidelines (which they all adopted from federal laws).

    but you'll need an attorney for this long hard battle.they will

    let you know if you have a chance, what the guidelines are (ask specific questions! so they dont milk you knowing your chances are slim of winning).

    CHILD SUPPORT CALCULATOR

    http://www.alllaw.com/calculators/childsupport/

    NATIONAL

    http://www.csecouncil.org/

    http://www.csecouncil.org/links/index.html

    http://www.ncsea.org/

    FED FAQ

    http://faq.acf.hhs.gov/cgi-bin/childsupportenforce...

    YOUR STATES CS POLICY AND STATE SITES & OFFICES

    http://childsupportcenter.org/stateprofiles.php

    http://www.acf.hhs.gov/programs/cse/extinf.html

    http://ocse.acf.hhs.gov/int/directories/index.cfm?...

  • 1 decade ago

    Well... "diane"... I would hope that you remembered giving birth. But pretending that your really a dude for a second, I would tell you that court would probably just laugh at any request for a credit to your other support cases. The time to question that would have been when you were first hit with the support order... not after its all done. Some cases have been done where even if its discovered that the child is not the bio kid of the payer, they will still order support since it's in the best interests of the child. Snooze you lose

  • 1 decade ago

    You need to speak with a solicitor / lawyer about this, because family law is a complex area which changes regularly.

    It seems like it would be fair for you to get a refund, but you might also want to consider you relationship with the child.

    If the child has been brought up to consider you as his/her father, and you have a loving relationship, is that worth the money you have paid?

    If you don't care one way or the other, go to court.

    If you think that in your old age it might be nice to have a child who can visit you in the home and help you through, then maybe it's money well spent.

    My two cents.

  • Anonymous
    1 decade ago

    Well, Diane, you should know whether the kid is yours or not.

    If you're a man and you've been assuming the role of caregiver to this child, than in the eyes of the court you've assumed responsibility as the father. It makes no difference whatsoever if you are the biological father or not. You made the choice to support that child, even though you could have found out years ago that the child isn't yours. In the eyes of the state, you're the father and you are not entitled to any sort of reimbursement.

    Source(s): Personal experience....lots of it.
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  • Anonymous
    1 decade ago

    Diane, I can't help but giggle first off. That you are female and find out that this child isn't yours. That would be kind of difficult. Tee Hee. I'm sure you must be a male using a female screen name.

    You would have to take the other birth parent to court for the money. You would then submit yourself, and the 18 year old child to a DNA test to prove your claim. Once that test came back to prove your claim the Judge would rule in some form for you to be paid back your money. How that would be paid to you is up to the court.

  • 1 decade ago

    being that your avatar is a woman I'm a little confused BUT if you are the father....

    No, you can not get a "credit" on the child support you are paying for your other children....you can, however, sue the mother for a repayment of the child support paid for the child you have found not to be your own.

    Source(s): I'm an attorney in CA
  • 1 decade ago

    You need to contact a lawyer or legal aid to find out just exactly what your options are.

  • kitty
    Lv 6
    1 decade ago

    IF THE CHILD IS NOT YOURS AND YOU'VE BEEN PAYING ON IT YOU ARE NOT RESPONSIBLE FOR THAT CHILD YOU CAN HAVE THAT MONEY TRANSFERED TO THE OTHER CHILDREN THAT YOU DO OWE FOR THEN THE DA'S OFFICE OWES YOU THE MONEY BACKFOR THE MONEY YOU'VE PAID FOR THE CHILD THAT ISN'T YOURS .....................CHECK IT OUT OR CALL 7 ON YOUR SIDE THEY CAN HELP YOU....................................

  • Vicky
    Lv 6
    1 decade ago

    I think that your friend needs to talk to a lawyer about this one. Because he is entitled for his money back.. Good Luck to your friend..

  • 1 decade ago

    talk to lawer or child support can piont you in direction of someone

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