Legal Question in Civil Litigation in Virginia

Getting repaid for child support for child that wasn't mine.

I was seeing a girl, when she got pregnant, she led me to believe that I was the father of the child. I started to have doubts as the child grew older and decided to have a DNA test done. The test results said that the child was not mine. The child is almost three years old now. I was wondering if I have proper cause for a case to get my money back from her. I have notation of every payment that I made, it was through department of child support enforcements. I would also like to know if there is anything else I could sue her for such as all the fees I had to pay because she requested that we go through that service, or emotional distress, or anything of that sort, I was rather attached to the child.


Asked on 7/10/07, 2:16 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Getting repaid for child support for child that wasn't mine.

Section 20-49.10 of the Virginia Code provides a way for someone in your sitiation to gain "relief from a determination of paternity" in the sense that any future child support obligation would be abrogated or nullified by a court having the matter brought before it for review under this particular statute and there would be no future obligation on your part to pay child support for this particular child.

You would not, however, be able to recover sums already paid out in support for the child nor would you likely succeed in the other causes of action in tort such as the intentional infliction of emotional distress which you referenced in your question.

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Answered on 7/10/07, 8:02 pm


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