My boyfriend has been paying child support on child for 8 years then last summer he did a DNA test and was proven NOT the father. Childsupport has stopped taking money for now but said if she gets back on state assistance they will go back after him. Even though his NOT the father and never signed any papers. We didn't even know about the child till he was over 1 year old. They are telling us to get a lawyer and we can't afford one! The mother knows who the father is (or thinks she knows). They also told us if we can find the father and get him to step up they won't take anymore money. After all these years all the money he's paid we are lost and don't know what to do. Even after they found out he wasn't the dad the state took 8000 dollars of bail money and just took 187 of owed back support. Can we sue her for all this? Can we ask she pays legal fees? Please help!
Sicerly Confussed in Oregon

First, I would find a legal clinic, legal aid, a law school, SOMEONE with legal knowledge. This has gone on too long, too far, to stop. Why did your boyfriend pay support withou DNA testing? That's highly, highly unusual - UNLESS he admitted paternity. If he did make that admission he would be 100% responsible for child suport unless/until someone takes his place.

At some point if she knowingly lied, yes, you can sue her. Sometimes winning is difficult. Your boyfriend must have believed he was the father. Maybe she did, too. It's a difficult legal argument to make on his behalf.

At any rate - you need to scrape whatever money you have together and get some very good legal advice from someone experienced in your State, experienced in Family Law.

We have an expert and I am going to see if I can find him.

He can give you specific sections of law.

Good luck.

Here is a reference for you.

Oregon statutes comply with these requirements. Under ORS 109.070(2), a party to a
Voluntary acknowledgment of paternity may rescind it within the earlier of 1) sixty days after the
Acknowledgment was filed or 2) the date an order in a proceeding relating to the child, including
A proceeding to establish a support order, was entered. Under ORS 109.070(3), a voluntary
Acknowledgment may be challenged in circuit court on the basis of fraud, duress or material
Mistake of fact at any time by a party to the acknowledgment, the child or the Department of
Human Services or the administrator of the child support enforcement program if the child is in
The care and custody of DHS as a dependent child under ORS 419B and the department or the
Administrator reasonably believes that the acknowledgment was obtained through fraud, duress
Or a material mistake of fact. Subsection (3) also allows a challenge to be brought in circuit court
For up to one year, unless ORS 109.070(4)(a). Subsection (4)(a), in turn, allows a party or the
State, if child support enforcement services are being provided and if blood testing has not been
Done, to apply to the child support administrator or the court for an order for blood testing for up
To one year after the acknowledgment was signed. If the blood tests exclude the man as the
Child’s biological father, a party or the state may apply to the court for a judgment of
Nonpaternity. The paternity that receives this judgment must send it to the state office of vital
Records so that the child’s birth records can be corrected.


http://search.yahoo.com/r/_ylt=A0oG7...2382report.pdf

Disestablishing Paternity After 13 Years in Oregon

And this goes back to my question - did he admit paternity?

Great research by Califdad!

We didn't know about the child till he was over a year old! And all his mail was going to his parents and well they wanted the child to be his and we never got anything asking for DNA testing till it was way too late. Now we are kind of stuck in this position and its creating major problems. This girl knows who the father is but won't give up the name becauses 1) its probably not the guy she says it is and 2) she's told my boyfriends mother she doesn't want the guy to know. He NEVER signed anything admitting he's the father but he did let it go tooooo long!! Finally after years of buggin him and then we broke up briefly he got her to take a DNA test that came back 99.999999% not the father.

Califdadof3 I have a question for you, you said something about sending it to vital records to correct the child's birth records, well my boyfriends not on his birth records in Oregon the father has to be present you can't just put anyone down the father has to sign the papers and he wasn't around for the birth or the first year. When we called vital records they said they have nothing to do with child support she could go after whoever for childsupport. We just keep getting the run around from everyone we talk too! We can't afford an attorney. We have a single income home and barly manage with that but I have been very sick and always at the hospital or doctor. And legal aid won't help :(
We were also told there are no papers we can file in court for this matter.

Before a court order for support is issued, the father is declared the legal father. Once this is done, the father has a limited amount of time or conditions to change it.

Basically your boyfriend made this bed, but not fighting that designation as legal father. The only way out of this is hiring an attorney. You can't afford NOT to have an attorney. Either you pay support or you pay an attorney.

The mother of the child can if collecting state aid name a father. And the state tries to make them the default father. As in your boyfriends case he is the default father.

If you read through what I posted earlier you will see there are ways to fight it. But its not your fight. He has to do it and follow through.

Thank you Califdadof3 I know its not my fight and the sad thing is I always take on others battles! I am the one who has been fighting this the past 3 or more months trying to get things taking care of, because my daughters the one who looses out when they take his money. Im always the fighter for others problems. Thank you for all your help I printed it all out and will read it tonight and end up at the courthouse tomorrow if that means I have to drag him with me by a rope then that's what Ill do but I have to stop. :)

May I ask if you rated my answer as not helpful? If so, can you explain to me why so I can understand how I might have been more helpful?

Yes, I'd like to know this, too. Likewise, I got a "not helpful" for asking again how paternity was declared.

I am still somewhat confused. Maybe my colleagues can explain this. The boyfriend never admitted, signed paternity. The mother named him and the Courts went along with a support Order without any testing?

... Not in NY (and I realize this is not in NY). Maybe the Courts should be smarter?

What were the circumstances surrounding the genetic testing? Was the DNA test court ordered as a part of an action to challenge paternity? If he just did a home test, or a test that wasn't ordered by the court, the court will not recognize it, no matter what it said.