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Michael_D

Michael_D

Professor (1,304)

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Submitted 399 days ago...

miller101

miller101

New User (4)

How do I remedy back support owed for an adult child that isn't mine?

I owe back arrears for my 5 children, but 1 of them was actually fathered by another man and kept secret for 11 years. All the kids are adults now. This was admitted to in court once by my ex, and the Judge replied "It's too late for all that now". Can't I sue him and or her for this to recover money owed?

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Answer 1 / 4 - Submitted 399 days ago...

Michael_D

Michael_D

Professor (1,304)

Once you accept responsibility through payment child support, you are bound as the responsible parent, even if the child is not biologically yours. If you would have questioned the fact during the original court process and requested a paternity test - you could have prevented the action and subsequent requirement upon you to pay child support. But because you did not, the judge is correct - in it's to late now. The best you can do, is motion the court to modify child support on grounds that the child is not yours. Possibly they would take into account your exs previous statement or allow a DNA test - but most courts uphold previous orders after years of acceptance.

 
Answer 2 / 4 - Submitted 399 days ago...

miller101

miller101

New User (4)

At the time of our divorce when support was ordered I did not have any knowledge that the child wasn't mine. It was kept secret from me

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Answer 3 / 4 - Submitted 399 days ago...

miller101

miller101

New User (4)

IAt the time that support was ordered I had no knowledge that the child was't mine. I found out years after the divorce. We were divorced in 1991.

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Answer 4 / 4 - Submitted 398 days ago...

Michael_D

Michael_D

Professor (1,304)

That is why anytime you go through a divorce and children are involved - unless you want to carry the burden of child support through the years - you ask the court to conduct paternity tests. Many mothers have lied and or kept secrets - and still do. But once you accept the child as yours and do not ask for the paternity test - you have accepted the child as your own without the requirement of proof..

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Submitted 307 days ago...

carlt

carlt

New User (1)

That's a terrible law. It seems that since new evidence was brought before the court, the prior ruling would have to be overturned. Not doing this is almost the equivalent of DNA evidence produced to free a convicted murderer and the court saying its too late for that. I don't question the law as I don't know it, but I would challenge this to the Supreme Court, a judge should never say "It's too late" --especially when hard evidence reveals a different truth. I say it's never to late to get it right.

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