17 Years of Payments and It’s Not My Child: What Now?

annbailey
September 13, 2013

Many people in the U.S. dream of nothing more than having a pleasant life, a great family and the chance to raise a child to be the best person they can be. Since there are around four million births in America alone every year, many people get the chance to take a crack at this life. Unfortunately, some men who absolutely adore their children eventually find out that the child is not theirs. Of course, many have been paying child support for years at this point, and they’re often left wondering if there’s anything they can do about it.

Problems with the System

The child support system is meant to ensure that children are taken care of by their fathers, but when it comes to situations when a man finds out much further down the line that he’s not the father, the system has numerous flaws. In many locales throughout the country, a man has to sign an admission of paternity to establish rights. This admission, though, is where problems can arise. In any case the man should seek out relevant legal help, such as a child support attorney in Riverside County for anyone living in central and southern California, to help him with understanding and mitigating the process.

In many cases, courts want to view admissions of paternity as permanent. This has led several men to pay substantial amounts of child support for children that aren’t even biologically theirs. In fact, many state laws actually hold a man liable for child support until the child is 18 even if, sometime after signing the admission of paternity, DNA proves that he’s not the biological parent.

Ignoring the Obvious

There are obviously individuals out there who don’t want to read the writing on the wall and refuse to even consider the fact that they may not be the biological father of a child. This, however, can be dangerous. There was even a case where a father took his child to the emergency room and informed the doctors that his family had no history of allergies to antibiotics. Unfortunately, the child had a major reaction and died. The man later found out that he was not the biological father and that the actual father did have these allergies.

In addition, men who have already paid a full 18 years of child support for a child they found out was not theirs could also face issues. Even though this child may not be biologically theirs, the child may still be entitled to the assets that they leave behind when they’re deceased. This can take away from what’s left behind for the man’s actual family.

Handling the Situation

A man should take certain steps after discovering that he’s not the biological father of a child for whom he’s been paying child support. Unfortunately, these steps can vary by state. In Texas, for instance, a law was just passed saying that a man would be released from his child support order if it was proven that he was not the father. Sadly, those who’s order came before this law will likely have to finish out their payments.

Even with many laws like this, however, an individual who finds out that he’s been lied to since a child was born should seek out a child support lawyer immediately. These legal professionals will know the specifics to the child support system in a given state, and they’ll know how far a case such as this can be legally taken. It’s important to remember that, regardless of the state, there is always hope. A woman and biological father in Georgia, for instance, recently had to reimburse the man who thought he was the father for all the child support he had paid.

Child support laws are always going to be contentious for some people, but when it comes to innocent individuals who are misled on the paternity of a child, the laws can be especially unfair. Luckily, the tides appear to be changing when it comes to these unfair practices. Several states have changed laws to allow men who were misled about paternity off the hook for child support, and some have even made the mother provide restitution for the money she received. In the end, it’s usually about the legal representation that a person has.

Will Powell believes that fathers who don’t live with their children should spend a substantial amount of quality time with their children and provide for them financially. Unfortunately, some good fathers are taken advantage of through the child support system, and therefore should solicit the services of an experienced child support attorney in Riverside County or in whichever particular jurisdiction they live.