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, its child support. If the money is not used to support the child then its being misused. Alimony would be to support you. If the father is looking after the child, then he should not be paying child support to the mother - she doesn't have the cost of looking after the child at that time. In fact, the mother may well be in a position to send chilod support to the father - it goes both ways and she is responsible for the child just as much as the father is.
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.
yes
The courts must approve any waiver or settlement of back child support. This is because, strictly speaking, the money is for the child, not you.
You should consult an attorney to discuss your options and whether a child can sue for back child support in your state. There may be a statute of limitations.
I doubt there were many child support laws back then. Normally, only the custodial parent of the child can file for child support, not the actual child.
No, only the parent (in this case I assume the mother), who he owed the money to can do that.
As long as you're not on Welfare, contact child support enforcement.
Yes, he is still the father.
No. The money isn't for the mother. The money is for supporting the child. Back child support belongs to the estate of the deceased and will eventually benefit the child. And even if the child should die, the back child support does not go away.
The back child support is still a debt. The estate should make a claim against the father. The money is still owed to the mother. Whether your wife receives any of it will depend on the estate and what bills are owed.
can i get back money ? he was ordered but never payed in over 20 yrs