If a man pays child support and later finds out he is not the father can he take reverse child support?

Answer 1

I'm not sure what you mean by "take", but the answer is YES AND NO.

Prior to 2001, NO under any circumstance. However, a young Maryland man brought about the first successful action to overturn such an order. As a teenager, the young man had developed testicular cancer, resulting in the loss of both his testicles. Despite popular belief, this does not prevent a young man from either the desire for, or the ability to perform sexually, which became his undoing.

Due to his sexual involvement with a woman of even lesser morals, he was ordered to pay child support simply because he was the only man the mother could clearly identify to Welfare.

The young man won his initial appeals, but Welfare pressed forward, taking the matter all the way to the Maryland State Supreme Court. This resulted in Maryland becoming the first state to recognize Paternity Fraud.

In 2000, as computer technology advance, the 25-year mapping of the Human Genome was completed. From there, as computers continued the ability to process ever-increasing amounts of data at even faster rates, the ability to process paternity tests went from months, to weeks, to days. Paternity test kits began appearing online that allowed men to determine if they are the fathers of their children, especially in cases where the men were paying child support to a mother who had left them to live with the bio-father of the child(ren). This was especially common in divorce cases where the assumption was that the husband was the father of the children.

In increasing numbers, men paying child support began demanding the right to challenge paternity. By 2006, seven states had passed laws allowing post paternity challenges. In January, the Kansas legislature considered such a bill, on behalf of an Iraqi Veteran, who had been name as the father while on active duty. Unable to return to the US to challenge the claim, a default order was entered. Upon his return, he attempted to file a motion to set aside the child support order, on the grounds he had never had relations with the woman, and thus, couldn't be the father, but his court filings were rejected, so he took it to the legislature. The Kansas Legislature found that such an action would be harmful to the wellbeing of the receiving mothers, and their children, so it was voted down. In July of 2009, Governor Jay Nixon made Missouri the 30th state to allow post paternity challenges, with limitations. The obligor has just two years from the time the order was placed into affect, to challenge paternity.

Though twenty states remain that do not allow post paternity challenges, in none of those states that do, are there any provisions to recover money already paid. Further, if the mother does know who the real father is, she can than file a retroactive motion, for up to 18 years of support, against him. The previous payer has no standing in the courts to take this action, so in many ways; these laws have created a real financial windfall for the mothers.

This needs to be a lesson to any men participating in illicit sexual activities. Even in states that have passed these laws, there are time limits on filing; you get none of your money back. Further, if you're the real father, you could be ordered to pay tens to hundreds of thousands of dollars in retroactive child support on a child you did not know existed.

The amount ordered will be based on your previous two-year gross income, and not what you earned each of those previous years. All your assets will be forfeit, and your current income will be attached for 55% of the GROSS amount, averaging out to 65-70% of the after tax net amount.

A few minutes of pleasure can cost you not only your complete financial freedom, but also that of any family you may have at the time of the award, like all the college savings you had been putting away for your kids. In addition, neither condoms, nor oral sex, provide full protection from a paternity claim, as a Florida Doctor learned in 2006. A fellow doctor, with whom he had oral sex with, impregnated herself with it.

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Answer 2

Under UK Child Support law, if he has paid through the CSA then he would get a full refund. If he has paid under a voluntary agreement then he would have to make a claim in a county court.