Can I get all of the money that I paid for child support if my ex told the judge that the child is not mine?

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Can I get all of the money that I paid for child support if my ex told the judge that the child is not mine?

My ex-girlfriend told the judge in a recent custody hearing that the child I have been paying child support for, is not mine. I just want to know if she will have to pay back all the money.

Asked on March 18, 2012 under Family Law, New Mexico

Answers:

Heidi Swisher / Joslin & Moore Law Offices, P.A.

Answered 9 years ago | Contributor

Your ex-girlfriend probably will not have to reimburse the child support.  You should address this in court as soon as possible because it is possible that you will have to pay child support until there is a new child support order--if you do not want to be the child's father.  If you do not want to be the child's father, you will probably have to have DNA testing done.  You may want to contact the child support officer assigned to your case since some counties might provide the DNA testing since your ex-girlfriend stated in court that you are not the biolocial father. 

 

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, she will most likely not have to pay the money back because the burden would be on you to prove the child is not yours. Before the court would even consider something like repayment, the court needs to find out whether or not you are the biological father or agreed to be the parent. You would probably need to take DNA test and further, you would need to understand the court's first goal would be the welfare of the child. Start with the beginning steps of testing and see if you can petition the court to order reimbursement of monies paid.


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