Legal Question in Family Law in Michigan
Child Support
I have an eighteen month old and
there were only two men who
could be the father. I was dating
said to be father #1 at the time of
the birth. He knew there was a
possibility that he wasn't the
biological father but still signed the
affidavit and birth certificate. He is
in the Army and we had to get a
paternity test for insurance, and he
is not the father. How soon will
child support be terminated? Is he
able to make me pay back pay for
previous support he paid? What
are my rights in this situation?
Thank-you for your time!
1 Answer from Attorneys
Re: Child Support
The putative father will be able to stop child support payment as soon as he can get a court order declaring him not to be the father. However, the court will not order you to repay support you have already received because a judgment on and after the date the support amount is due is not subject to retroactive modification. Once the current father is released by the court, your best course of action is to commence a paternity action against the actual father. The Friend of the Court should be able to help you with this. Best wishes.
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