Legal Question in Family Law in Ohio
Not my child
My husband paid child support for almost 13 years to a child that was not his. The child is 22 now. Is he able to sue the biological father of this child to recapture the child support he paid?
A few details- he married the childs mother in 1979, she was 7 months pregnant, everyone knew he was not the father.
They divorced in 1985 and she asked for child support. He told the court then that he was not the father, he did not pay the support and went to jail. His attorney told him the only way to get out of it would involve testing the child, he loved the child and didn't want to hurt him, so he paid. The bioligical father has never had any contact with the child, he does know about the child though (he was married and had an affair with the childs mother). I don't want to run out of room here, I hope these are enough details. Thank you for your advice.
1 Answer from Attorneys
Re: Not my child
He probably has no chance to win. To have any cause of action at all, he must prove via DNA that the child is not his, and then somehow establish that this other guy was the father. That will be impossible. Even if he could do it, the child is now 22, and this should have been attempted while the child was a minor.
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