She can get away with it until you go to court and file a motion for a court ordered paternity test. If the test disproves your paternity, you can file a motion to cease child support based on that.
Paternity must be established before support is established. Paternity may be established by the father's acknowledgment of paternity in open court.
Yes, if he can establish his paternity legally through a DNA test. Once his paternity is established he can petition for visitation or custody and if the mother retains custody she can request a child support order. A father's parental rights do not depend on the name of the child only on the biological relationship.
Yes and all men should as there's a 30% chance he's not the father. see link
No - when the support order was enter the father was deemed as "the father". If subsequent tests prove otherwise you still need to go to court to nullify the support order and place paternity where it belongs. You may have to continue paying support until the real father is proven.This is also highly variable by state. If the father can prove paternity fraud, then it may be possible to recover some funds. However, in most states, the time to contest paternity is only available at the initial child support hearing - once that court has determined paternity, then while a subsequent court may modify the paternity payments (including ordering them stopped if paternity is disproved), no payments may be refunded.While this may seem hideously unfair to the father, the goal for the Family Court is not fairness to the parents, it is promotion of the child's welfare, and, in this case, it is more in the child's interest that *someone* pays child support, and thus, refunding child support payments damages the child more than the father. It's harsh, but that's the viewpoint of the courts.
Yes. First paternity must be established legally.If paternity is established through the court ordered DNA test the mother can request child support for the time during which no child support was paid by the father prior to the DNA test.
If the court has established a child support order, violating the order and refusing to pay child support carries penalties up to and including jail time. If the order was established before a paternity test can be taken, you must still pay the child support. If the paternity test reveals that you are not the father, you will be reimbursed for the child support that you paid.
The court must determine paternity before entering an order for support. However, paternity is assumed if the parents were married when the child was conceived/born. Paternity may also be established by the father's acknowledgment of paternity, or by the father's failure to cooperate in genetic testing.
No. But the father's paternity must be established by a paternity test.No. But the father's paternity must be established by a paternity test.No. But the father's paternity must be established by a paternity test.No. But the father's paternity must be established by a paternity test.
First, don't pay anything until paternity is established. If the child is still a minor, you will most likely have to pay current (ongoing) support. However, based on the facts you describe, you have a good argument that you should not have to pay retroactive support.
No and you pay the support to the parent not the kid. If the child is 18 there is no longer a need for child support. If someone has been paying for you and believed they were the father they can sue you for the money though.
Support cannot be determined until paternity is determined; however, keep in mind that if the parents were married at the child's birth/conception, the husband is presumed to be the father.
No, it is up the individual to disprove paternity. You will have to pay until you prove you are not the father. ---- Answers With the growing reports on Paternity Fraud in Child Support cases, a paternity test should be done on all births. A Paternity Testing Kit manufacturer is currently producing a "TRUST, BUT CONFIRM" commercial specifically addressing this.