Legal Question in Family Law in Texas

Is a refund possible for child support paid for illegitimate child?

Over a period of about 10 years, I paid approx. $55,000 child support for two children (now 18 & 21 yrs old) born during my marriage to my ex-wife. I recently learned that my ex-wife has known all along that the younger child was not mine, although she has represented the child as being mine all this time. Apparently, she wrote several letters (which I am trying to get) to the child's true father, before and after the time of the child's birth, discussing the matter quite frankly. Can I sue her to recover some of the child support money that I paid to her? She recorded me as the child's father on the birth certificate. She has recently told this child who the real father is, estranging me in the process. Please advise.

Thank you.


Asked on 12/15/99, 12:59 pm

1 Answer from Attorneys

David Sergi Sergi and Associates PLLC

Re: Is a refund possible for child support paid for illegitimate child?

I am handling a claim like this now in Austin. It is a hard case to make for fraud but it can be done. You have to sue within two years of finding out.

I would love to discuss this with you if you like please email me a number and we can chat.

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Answered on 12/19/99, 5:38 pm


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