Legal Question in Family Law in Arkansas

Re: child support reimbursement

Another one of those "it depends" answers ...

IF they were not married and he has no real relationship with the child, a paternity test could let him off the hook for NEW child support, not past support already paid.

However, IF they were married or if he has a relationship with the child, the law tells us that it is more interested in the child than in the mechanics of creation. If he was married and the Court found that the child was a "child of the marriage" then that is that. The principle of res judicata applies. Basically, he could have argued at the time of the divorce that he was not Dad, and did not. He is now barred from relitigating that issue.

Either way, he will not get anything back even if the Court rules in his favor.