I hope this is posted in the correct category. I recently filed a order through NYS family court about vacating a paternity acknowledgement, after about 5 months it was just granted in my favor because of a paternity testing results and recommendation of a law guardian. In the months during the trial, the support collection agency increased my payments, put a freeze on all of my bank account and later took every penny I had in them. I had already paid around $2,500 dollars for the Child's birth, about another $2,000 in arrears and I pay 126.86 a week for support. Now that this motion has been granted and filed by a judge, whom do I go after in court for my support obligations back? Do I go after the mother? Or Dept. of social services? Also when the order was changed her grandmother was the one getting my support. So at first I was paying her, but her grandmother was granted custody so she’s the one that received the arrears and the current payments. Sorry this is so complex! Please help!

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Originally Posted by lawfarin

I hope this is posted in the correct category. I recently filed a order through NYS family court about vacating a paternity acknowledgement, after about 5 months it was just granted in my favor because of a paternity testing results and recommendation of a law guardian. In the months during the trial, the support collection agency increased my payments, put a freeze on all of my bank account and later took every penny I had in them. I had already paid around $2,500 dollars for the Childs birth, about another $2,000 in arrears and I pay 126.86 a week for support. Now that this motion has been granted and filed by a judge, whom do I go after in court for my support obligations back? Do I go after the mother? Or Dept. of social services? Also when the order was changed her grandmother was the one getting my support. So at first I was paying her, but her grandmother was granted custody so she’s the one that received the arrears and the current payments. Sorry this is so complex! Please help!

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Honestly, I don't know that you'd be able to recover any of the support you paid. If there was a question in your mind as to the paternity of the child, you should have requested a DNA test at birth - signing the paternity acknowledgment means you agreed to be the child's legal parent, regardless of them being your biological child or not.

Unless you can prove that the mother knew you were not the child's father and intentionally hid that fact from you, I don't see there being a case.

I agree with this. If you had any doubt then you should have addressed that before forking over the money for the birth and signing the acknowledgement. That is a legal document. Now, if you can prove that the mother knew you weren't the father and led you to believe that you were then you may have a case but that is very hard to prove.

The mother in fact did know I wasn't the biological father, she told me 3 months after the child was born. In New York I believe you have 60 days if you believe the child isn't you’re to file a petition. However it was already past the time. The mother told me that the man whom she claimed to be the father had to file a petition claiming he was the father, or there was nothing I could do. Well about 3 years later he got a test done through the court. It came back he wasn't the father either. So that’s when I got my test done. Now the Department of social services talking to her trying to figure out whom is the real father, so if they are going to go after him and he pays the back support and the cost of the birth, wouldn't I be entitled to my money back? To whom has my money actually gone to? I know if goes to the state then they write her a check, but if I want to take someone to court would I go after the state? I've said numerous time in court that I wasn't the father, The mother openly admitted it numerous times on record in the court, yet the still had no problem making me pay the support. If there was any discrepancy shouldn't they have ordered a motion to investigate? I feel as if was trapped, not only by the mother but by the state of New York as well. I've suffered a lot through this whole matter and just want to move on, but it would also be nice to get the thousands of dollars if paid out supporting a child that wasn't mine

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Originally Posted by lawfarin

The mother in fact did know I wasn't the biological father, she told me 3 months after the child was born. In New York I believe you have 60 days if you believe the child isn't you’re to file a petition. However it was already past the time. The mother told me that the man whom she claimed to be the father had to file a petition claiming he was the father, or there was nothing I could do. Well about 3 years later he got a test done through the court. It came back he wasn't the father either. So that’s when I got my test done. Now the Department of social services talking to her trying to figure out whom is the real father, so if they are going to go after him and he pays the back support and the cost of the birth, wouldn't I be entitled to my money back? To whom has my money actually gone to? I know if goes to the state then they write her a check, but if I want to take someone to court would I go after the state? I've said numerous time in court that I wasn't the father, The mother openly admitted it numerous times on record in the court, yet the still had no problem making me pay the support. If there was any discrepancy shouldn't they have ordered a motion to investigate? I feel as if was trapped, not only by the mother but by the state of New York as well. I've suffered a lot through this whole matter and just want to move on, but it would also be nice to get the thousands of dollars if paid out supporting a child that wasn't mine

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So you admit you knew that the child wasn't yours at three months of age, yet you did nothing about it? Yes, there is a statute of limitations to contest paternity but judges will sometimes allow it under certain circumstances. If you knew that you weren't the father and chose not to take action, I don't see how you feel you were taken advantage of.

If the biological father is required to repay the birth expenses, then I would assume that the state will reimburse you. However, I don't know that they'll actually require him to pay something that's already been paid.

Your best option would be to consult with an attorney in your area to see if they think you actually have a case or not.

If you signed the papers saying you were the father then there is no chance of recovery. Your only option would be that if you were deceived you could sue in civil court to try to recover funds that were lost by the deception. The one you would sue would be the mother.

After the three month I didn't know if the child was or wasn’t mine biologically. All I really had was the mother’s word. But it came out when we got into an argument one night. The next day she took off and ran to the man she claimed was the father. I didn't really know what to do. I was young at the time and confused. We already have one child together which made the situation more complex. I had to focus my time working to pay the bills and supporting our daughter. She said she looked into the matter and nothing could be done because the statue of limitations was expired. She said the only way was if the man she claimed to be the "father" came forward to the court and ordered a test. Once he finally did I of course moved forward with this matter. Obviously I had a case because it was ruled in my favor and I did everything without the help of an attorney or any legal advice. This matter was just completed today, but I'm really lost as what my next step should be. I think consulting with a local attorney is in my best interests however with all the support I've been paying and support collection putting a lien on my bank accounts, I just don’t have the money for an attorney right now

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Originally Posted by lawfarin

After the three month I didn't know if the child was or wasn’t mine biologically. All I really had was the mother’s word. But it came out when we got into an argument one night. The next day she took off and ran to the man she claimed was the father. I didn't really know what to do. I was young at the time and confused. We already have one child together which made the situation more complex. I had to focus my time working to pay the bills and supporting our daughter. She said she looked into the matter and nothing could be done because the statue of limitations was expired. She said the only way was if the man she claimed to be the "father" came forward to the court and ordered a test. Once he finally did I of course moved forward with this matter. Obviously I had a case because it was ruled in my favor and I did everything without the help of an attorney or any legal advice. This matter was just completed today, but im really lost as what my next step should be. I think consulting with a local attorney is in my best interests however with all the support ive been paying and support collection putting a lien on my bank accounts, I just don’t have the money for an attorney right now

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I can understand. But many offer reduced fee or free consultation for the first time. What you really need to do is get a civil attorney involved. Another thing is you need to get straight with the child support people. Is she on state aid ?

Well the mother was, now she's in a rehab. Her grandmother has temp. custody and is getting assistance for the child. I was told the support I'm paying was for healthcare for the child. When I told them that I could get insurance through my work, for all of us. (me, the daughter we have together, and the child this case is concerning) they asked how much it was. Our family plan at the time was 120 something a week. They told me it was too much to pay and ordered me to pay 87 a week. They later bumped it to 126 a week. So for what I was paying My daughter, me and this child could have all had insurance for the time being. That made no sense! No while I was paying the support for this child, my daughter and me couldn't afford insurance. And because I made just over 1,000 over the limit for public assistance I had no alternitive!

Thanks to everyone who have responded so far!

Sorry but all retroactive modifications are forbidden. You may try a civil suit for unjust enrichment but I am in doubt of whether you'd be able to get some money.