Hi. I was paying child support for the past 3 years for a child I took 3
DNA test for in which the child is not mine. How can I file a civil law suit for my money back??
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Hi. I was paying child support for the past 3 years for a child I took 3
DNA test for in which the child is not mine. How can I file a civil law suit for my money back??
Were any of those DNA tests ordered by the court? Private DNA tests are not acceptable in a court.
Was it court ordered support? Were you married when the child was born? If you were married then you are the presumed father until a counterclaim is filed in court.
Pertinent questions. If you've been paying support without a court order, you did so voluntarily so can't sue for it to be returned. If you are paying due to a court order, why was DNA not done by the court BEFORE the support was awarded?
The laws vary from state to state .
Generally child support cannot be recovered.
First you will have to get the current child support order, over turned. You will need to continue to pay support, till it is.
In some states, if you signed birth certificate, or if you were declared the father and agreed. You may have limited time to challenge the support order.
So first you will need to challenge the support order in court, get a court ordered DNA test, and them make a motion to have child support ended.
Until that time, child support is still payable
2 of the DNA's were private one of them were through the court. The case is closed now only because I paid out. but I was told I need to file a civil lawsuit against her for my money back but I have no idea how to do it or where to start it
Yes it was court ordered but we were not married.Quote:
Originally Posted by cdad
Quote:
Originally Posted by Fr_Chuck
The case is closed. But once I proved the child wasn't mine I feel the child support should have been terminated especially after 3 Dna test.
Well I was told to file a civil law suit against her but I have no idea where or how to do that.. .Quote:
Originally Posted by GV70
They didn't do a DNA before because the mother had forgedQuote:
Originally Posted by ScottGem
My name on the birth certificate at the time of the child being born.. .
So by my name already being listed as the father it was nothing I could do.
But yes it was court ordered though...
What is your general location?
Dade County/Miami, FloridaQuote:
Originally Posted by J_9
The mother can't forge your name. If you were not married you would be required to sign snow Affidavit of Paternity and show a legal form of identification.
2 of the DNA's were private one of them were through the court. The case is closed now only because I paid out. But I was told I need to file a civil lawsuit against her for my money back but I have no idea how to do it or where to start itQuote:
Originally Posted by smoothy
You already said that. Your question will be responded to once one of our volunteer experts comes online.Quote:
Originally Posted by ccordy30
It was court ordered but they didn't Grant me a Dna before the child support started because at the time of the child's birth the mother signed the birth certificate. I wasn't present neither did I authorize her to do signQuote:
Originally Posted by ScottGem
My name.
Sorry, but this doesn't make sense. A mother can list you as the father on the birth certificate, no forgery necessary. If she forges your signature on an Affidavits of Paternity, then when she takes you to court for support you simply tell the judge that you did not sign the Affidavits and that you want a paternity test done.
You say the case is closed now. So I'm gathering that you finally got the court to order a DNA test which showed you are not the father and the child support was revoked and you are not paying any longer.
Now you want to try to recover what you paid. Bottom line here is you need to prove that the mother knew you were not the father and fraudulently when after you for support. Not an easy thing to do, especially since you didn't fight it properly initially.
You need to hire an attorney to file a civil suit against her. And, even in the unlikely event that you do win, do you think she has money to repay you?
I told the judge exactly what you just stated he ignored me. The case is closed only because I paid it out until it reached a zero balance. I agree I didn't fight this case properly I wish I had known about this ask.com before now. In the event I am successful in the civil law suit, she is a brokeQuote:
Originally Posted by ScottGem
money hungry @#&@%#^ I would be waiting until she file taxes in order for her to have a dime.. .
I was told with proof OF THE DNA'S I can file a civil law suit against her and haveher served myself to avoid paying an attorney. I was told to find my own forms on line. But I have no idea where to start looking..
I'm sorry, but it still doesn't make sense. What do you mean "paid it out until it reached a zero balance.". That's not how child support works. A court orders a monthly amount of support to be paid until the child reaches the age of majority.
Second, garnishing a person's tax refund (assuming she gets a tax refund) is not easy. Winning a lawsuit is usually the easy part (though I don't think it will be in your case), but collecting is even harder.
It is a shame you didn't get proper legal advice at the time, and I still don't think you are understanding what actually happened, but I suspect you tried to do this without a lawyer or legal advice and you need one now.
Who told you this? Yes you need to shop around for a Family Law attorney. Many will give you a free consult. You can try a local law schools, many have clinics that will help you prepare the paperwork. But even if you do that, going into court without an attorney is not a good idea. And it is likely an attorney will cost more than you can collect.Quote:
Originally Posted by ccordy30
I was not at the hospital to sign at all... Neither did the mother have any ofmy identificationsQuote:
Originally Posted by J_9
I owed a total of 8,790 Retroactive support.. Child support took 55.00 a month from my payroll check. And for the past 2 years intercepted my taxes..Quote:
Originally Posted by ScottGem
Have you even talked to an attorney that can save you from paying further child support? Have you talked to one that can reopen your case? A guy who pays his child support out, NEEDS a lawyer in the worst way or Google on line court forms as there are many sights that you can download forms for a price. The county clerk may have forms for a small claims court. Have you been to the county, or city clerk? You pay a filing fee and submit the form they give you.
Better to pay a lawyer. At least talk to one. How much are we talking about?
How To File a Lawsuit
Suing and winning are two different things, and may cost you the fees of her attorney.
Over 10kQuote:
Originally Posted by talaniman
The only way to reopen a closed case is with fresh evidence, and taking her to court for over paying or wrongly paying requires PROOF, and the right lawyer. If you are not going to go about this in the right way, your emotional outrage (which I do not blame you for not one bit) is USELESS.
Did you review the link I gave you? There are many like it, so stop spinning your wheels and do your HOMEWORK. Get facts and tamp down on those feelings. Consultations can be FREE. Call around and find it.
Will do.. THANK YOU A lot..Quote:
Originally Posted by talaniman
Disestablishment of Paternity - New Florida Paternity & Child Support Law
Termination of Child Support Obligation
The alleged father may be relieved of his child support obligation pursuant to Florida Rule of Civil Procedure 1.540(b) RELIEF FROM JUDGMENT, DECREES, OR ORDERS:
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc.
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding for the following reasons:
• mistake, inadvertence, surprise, or excusable neglect;
• newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing.
HICKMAN v. MILSAP, No. 5D12–1239., February 08, 2013 - FL District Court of Appeal | FindLaw
A recent Fifth District Court of Appeals case held that a disestablishment of paternity action does not relieve the alleged father of any previously established child support arrearages.
The Florida statute, section 742.18, which deals with disestablishment of paternity states that the disestablishment of paternity “relief shall be limited to issues of prospective child support payments and termination of parental rights, custody, and visitation rights.. . All previous lawful actions taken based on reliance on the [male's previous status as father] are confirmed retroactively but not prospectively.”
So in this case I assume Iam screwed and might as well take it as a LOST?.Quote:
Originally Posted by GV70
OVER $10K DOLLARS??
It certainly looks like it. But I'm still unclear on something. Were you at the original hearing where support was awarded? Because if you were and you denied paternity and denied signing an acknowledgement of paternity and a DNA test was not performed, then something was not right with the award. You might be able to do something based on that.Quote:
Originally Posted by ccordy30
But the only way you will know is by consulting a local Family Law attorney. I'm assuming you did not do so initially. Had you been represented at the original hearing you might not have been stuck with the support and the cost of the attorney may have been less than the $10K you have had to pay out.
At the time of the hearing I told the judge that I did not sign the birth certificate the judge said well I don't think it's nothing we can do about that now. And then from there he proceeded to tell me I am responsible for the retroactive support but they terminated all current support there was no recurring support... I never consulted an attorney at the time because I figured everything would go in my favor.I was told I can file a civil lawsuit and not a small claims lawsuit because the amount is over $5,000... So I think consulting an attorney would be my best option if any at allQuote:
Originally Posted by ScottGem
And not to mention My name is STILL ON THAT Child's birth certificate.. .
The case holds that an action to disestablish paternity under section 742.18 doesn't include a retroactive modification of child support paid or adjudged.Quote:
Originally Posted by ccordy30
Although I see nothing in the opinion suggesting that you cannot sue under another statute or court rule (such as Florida Rule of Civil Procedure 1.540(b), quoted above by GV70) to recover what you paid in the past.
But, in short, yes, you probably are.
Okay so what exactly are you saying in this situation??Quote:
Originally Posted by AK lawyer
What's done is done.Quote:
Originally Posted by ccordy30
Sighs...Quote:
Originally Posted by AK lawyer
Okay thank You for the advice..
From what I quoted above it does NOT sound like the original support hearing. That's what I'm trying to get at. Based on what GV70 posted, the judge was right. He could do nothing about support owed, but could terminate the support award for future support. What I'm trying to get at was whether this was the only hearing. If not when was support originally ordered. Or was support ordered retroactively at this one hearing? If so how far back did they go?Quote:
Originally Posted by ccordy30
Yes everything was done at this one hearing..Quote:
Originally Posted by ScottGem
She opened the case in 2007 but they didn't get to it until 2011 they went back as far as 2007 because she was receiving government benefits
Ahh now it makes more sense. I suspect, if you had representation, that you could have gotten it quashed before it got to a hearing. And, again, even if you do win a lawsuit, I'm not sure how you are going to collect it.Quote:
Originally Posted by ccordy30
I cannot agree moreQuote:
Originally Posted by ScottGem
So what do you guys recmnd I do?Quote:
Originally Posted by GV70
Quote:
Originally Posted by ccordy30
Consult an attorney
Okay thank you very much will do would you guys happen to have any links you can share with me to find an attorney I am in Miami FloridaQuote:
Originally Posted by ScottGem
Quote:
Originally Posted by ccordy30
You can try this link and check with them. We arent allowed to give out an individuals name here.
The Florida Bar HOME PAGE FLABAR ONLINE
They have a free refferal service.
Thank you allQuote:
Originally Posted by cdad
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