Legal Question in Family Law in Virginia
wrongful collection of child support
My husband and his ex-wife divorced after their 3rd child was born. She had been having affairs while they were married. Although she was the ''Wrong Doer'' she petitioned for and collected child support for more than 12 years from him, for a child that she knew was not his. During that same time she did not want their son, who was 7 yrs old, so he lived with my husband. My husband collected no child support from his ex-wife and raised their son by himself, while paying child support for a daughter he thought was his. After 12+ years the mother told the child and her siblings that my husband wis not the father of the last child but still insisted that he continue to pay support. Recent DNA test proved he is not the father. My husband no longer pays child support to her.
1. Do we have any recourse on getting all or part of this child support money back from the ex-wife?
2. Is she guilty of any crime for having lied to him as well as the schools, insurance companies, doctors, family, friends and putting false information on birth, medical, school, insurance and court records all those years, when she knew all along the child was not his?
3. Is it recommended that my husband continue to see the child or stop visits completely
1 Answer from Attorneys
Re: wrongful collection of child support
Unfortunately he cannot collect the money he paid out nor have her prosecuted for lying about his paternity of that child. The law presumes that every child concieved during a marriage is presumpively the Husband's child. The DNA evidence contradicted that which is why he is no longer under a child support obligation.
No crime was committed that I am aware of. Since he never proved the child was not his, and the law presumed it was, no crime or fraud was committed. The child might as easily have been his. Further if he knew she was having affairs he should have challenged paternity alot sooner. A child support order is valid until it's changed by another order.
Whether he should have a relationship with this child is all a matter of whether they love and need each other. No matter whose sperm broke thru her mother's egg, if he has been her father emotionally, it would be devestating to both of them to lose that. That's not law, that's humanity.
Good luck.
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