Paternity/DNA tests and child support
I was just curious if a father gets a paternity test for his kids, (or finds out through DNA testing that is so popular these days) and it turns out he is not their father - can he sue the mother for the return of all the child support that he paid her?
My skids both got DNA tests for Christmas from Bm. Its surprised me because she cheated on their dad throughout their marriage. I always wondered if those kids were his. But I think that he would have to take the same brand DNA test to see if there is any relation, right?
Anyone else know of someone who found out their skids werent' related to the father? How did it play out?
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Yes. Has to be the same DNA
Yes. Has to be the same DNA kit to show relation.
Not necessarily. You can
Not necessarily. You can upload your DNA profile to most of the other brands for free. So you can take a Ancestry profile & upload it too 23 + me. They are always looking to build their databases. What info you can get depends on the individual platform. Be prepared for the "hey you have 12 DNA matches pay $$ now to see" emails.
Unfortunately, if it turns out that BM committed what is called
paternity fraud, no, he won't get that money back from anything I have read about or heard about. BM committed paternity fraud with her oldest child with my DH, until she was 3 and because DH was divorcing her she decided to air out that dirty little secret and take his rights away to the child. So I guess only lucky part of all that is he never has paid child support for a child that was not his, but that is the only positive part of that story.
The courts are basically helping BM's get away with this because there are zero repercussions for the mother that does this. Plus, since there are no repercussions the BM also can invent their own story about the whole thing like the BM in our situation does. That my DH wanted nothing to do with the child and he abadoned her, but meanwhile we have court evidence of DH and his lawyer filing to stop the court ordered DNA test that allowed her to remove his rights (DH already did a home test after BM told him to confirm this) so that he could still be a father to her older daughter, but the judge pushed through the court ordered dna test BM was requesting. I bet if DH was requesting it though that the judge wouldn't of pushed it through. It is all so twisted and only helping these horrible women.
Yes
Yes it has to be the same DNA kit.
In NJ you cannot get paid back CS. They will eliminate it if you choose.
Nope. Shockingly, paternity
Nope. Shockingly, paternity fraud is not considered a crime, which disgusts me.
if a father gets a paternity
if a father gets a paternity test for his kids, (or finds out through DNA testing that is so popular these days) and it turns out he is not their father - can he sue the mother for the return of all the child support that he paid her?
Nope. For one thing, if they were married, he's considered the legal father.
Nope, not a crime. But is should be. One requiring mandatory
prison sentences of 5 years for each year the fraudster perpetrated the fraud, requiring full repayment of every penny spent on support to the fraud perpetrating BM with 1,000% penalties and interest compounded continuously until full payment is received by the victim.
But noooooo. The morons in the idiot Harry Potter robes slinging the infantile Fisher-Price wooden hammers would never do what is right. Instead.... they give the criminal perpetrating the fraud the eternal get out of jail free card and force the victim to pay the criminal. From the bullshit perspective that the kid that is not even the CS payer's spawn needs the support. It is likely the fraudster is not even using that extorted money to support the kid.
Based on my experience, most
Based on my experience, most of these non-bio dads don't want to know the truth.
If you watch paternity court,
If you watch paternity court, you will know that if paternity is proven to be negative, the father has to file paperwork in the court to absolve himself of the parental rights and prove that he is not financially responsible for the child. The child support will stop once the petition has been filed and ordered by court. However, the non parent will not be reimbursed or absolved from past child support obligation unless the custodial parent accepts to release him or reimburse him for any past child support debt.
Sometimes, paternity court establishes financial responsibility for the nonparent even if he isnt willing to be involved because he has a history of providing financial support for the child and agreeing to it.
Once you sign that birth certificate, no backsies, you are on the hook for 18 years unless you can get the courts and the BM to agree to absolve you even if you are not the bioparent
Some stepparents have found themselves financially responsible for steps after divorce because they had a history of providing for them. You dont even have to have a biological link to be responsible, just a history. If stepdad or stepmom paid for school expenses for stepchild for 10years, bioparent has the right to request that stepparent continue paying that since they have a history of doing it. The family court reserves the right to approve or deny the request.
This is all to avoid children using state welfare resources. They would rather have anyone on the hook that they can before the govt has to step in