Legal Question in Family Law in Florida
Open Child Support Case Since 1998, Now Challenging Paternity
When I was 19 I was told I became a father out of wedlock. The mother insisted that I was the father and I believed her. I began doubting it recently and just received my paternity test results showing that I am NOT the father of this child. I never questioned this before because I asked the mother if there was a chance the child was not mine and she insisted he was. In 1998 when the child was 2 the mother began collecting child support. Will the paternity test results prove I am NOT the father and close the case? Or is there some law that will force me to pay support even though the child is not mine?
Also, if the courts do close the case, can I sue her for all the money she received? Thank you.
2 Answers from Attorneys
Re: Open Child Support Case Since 1998, Now Challenging Paternity
Based on the information provided, you are not the natural father and not liable for support. If the child support was ordered by the court you are advised to petition for a modification or reversal of the final judgment. Until the court voids or modifies the final judgment, you are presumed liable for support. Generally, a DNA paternity test resolves the matter. Suing the mother for back child support, and getting it, will depend on her resources. You are advised to resolve these legal issues through representation by a family law attorney.
Re: Open Child Support Case Since 1998, Now Challenging Paternity
As a general rule, the DNA paternity is controlling and if it says you are not the father you are no longer responsible for child support. As to getting your money back, generally you have a right to sue but if the mother has nothing then you will recover nothing.
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