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Originally Posted by susangpyp

Your child will not be excluded. Get the DNA test when the baby is born and after the court adjudicates paternity you will be entitled to support and back support.

You are not entitled to emotional distress which does not stand alone as a matter. Emotional distress is usually the byproduct of the main complaint and is very difficult to get even then. Courts do not award money for foolishness. We've all been foolish and believed someone who has lied to us and been traumatized by that but we can't line up and get money for it.

Worry about getting support after the child is born. Don't put your child in danger with amniocentisis just for paternity (I doubt a dr would order it anyway).

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Could you address the issue of back child support? Some Courts will award back support; others will not and I'm never sure what the rule of thumb is.

My specific question is: "father" believes it's his child, pays child support from the date of birth, eventually DNA is done, it is not "father's" child, does the Court order the mother to pay the money back to the alleged "father" - what happens?

Anyone else have any experience in this?

If the court ordered DNA test comes back negative they will order the mother to return the support. Even quicker if he didn't sign the birth cirtificate but in my experience even with a signed birth cirtificate he got an order for all of his support money to be returned (though it wasn't immediate, the judge ordered it but all the paper work had to finish processing before she had to start paying it back)

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Originally Posted by JudyKayTee

Could you address the issue of back child support? Some Courts will award back support; others will not and I'm never sure what the rule of thumb is.

My specific question is: "father" believes it's his child, pays child support from the date of birth, eventually DNA is done, it is not "father's" child, does the Court order the mother to pay the money back to the alleged "father" - what happens?

Anyone else have any experience in this?

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Its been my experience through other that the courts hold the best interest of the child as first and foremost. Almost anyone on this board can tell you DNA doesn't make a man a father nor a woman a mom. In a situation of assumed fatherhood the courts haven't ordered the return of monies because it was a semi voluntary contribution to the child's welfare. Now as far as the father is concerned there is recourse if he can prove in a civil court that fraud had taken place and that's a toss up. In some cases I have heard of even though the man isn't the father they still are remanded by the courts for a reasonable time to pay until a diligent search for the " bio dad ". The award of child support is suppose to be held in the interest of the child and its been rule of thumb that those interests are served.
On a personal note I wasn't aware of this not signing the birth certificate thing before but when I had mine I was married at the time and there wasn't any questions or games involved. To my knowledge a judge can only order payback or credit if an overpayment has taken place but in what your saying someone did step forward and take responsibility.