Legal Question in Family Law in Maine

child support rights

I had a gf for about 3 years at the time, she got pregnant, i thought i was the father. about a year after the child was born she started everyone that the child wasnt mine. i finally had the paternity test done and the child was not mine. I paid child support for almost 6 years to find out that she isnt mine. is there any law that protects a father? I dont remember signing the birth certificate since i married her thinking i was doing the right thing. do i have any rights to ask for my money back.


Asked on 5/02/07, 12:47 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: child support rights

Obviously, you are not alone in this. The basic rule of law is that a child born during a marriage is presumed to be the husband's. The purpose of this law is to reduce the number of "out of wedlock" children, but unfortunately, it leads to results like yours. The presumption may be overcome, such as in your case, by a paternity test.

From your query, I am assuming that your child support obligation has been terminated. However, there is no means for you to recover the child support you paid for a child that you believed was yours and which you held out to be yours.

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Answered on 5/03/07, 8:34 am


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