If Iam not the father of my 12 year old daughter after 10 years being divorced and I have a Paternity test proving that I am not. Can I file a motion to stop my child support. I would like to continue the relationship but I don't want to be financially responsible to the mother who has deceived me for this long? Is this possible to do knowing the two years statue of limitations?

Were you married at the time the child was born? What was the deception that took place?

Also understand that if you are allowed to change your "legal" staus for the child then you no longer have rights to see her.

I believe she was seeing someone else and she was very upset when she found out she was pregnant. I know she had a male friend and she wouldn't introduce me. There was a night she was out until three in the morning and the last time we were intimate before she was conceived I wore a condom.

To answer your question, yes you can file suit for fraud and make a motion to discontinue your responsibilities as father. However, I am sorry to say your situation is not unique and almost universally the courts have held that a child born inside a marriage is presumed to be that of the father. Further, and more to the point for you, anyone who has held himself out as the father of a child is viewed in the eyes of the law to have assumed those duties and responsibilities. I know that's now what you want to hear, but it is something you need to know. If you have proof you are not the father, speak with an attorney, see what the laws in your jursidiction hold.

Potentially, if the mother knew and while we all think the worst of our ex's she may not have known, more importantly you can't prove she knew. Which makes this not fraud.

I am sorry,

Adam

So, your daughter who has known you as her father for all of her 12 years of life will find out that you don't want to be responsible for her. What a terrible thing to do to an innocent child.

First, ANY question on law needs to include your general locale as laws vary by area.

Second, based on the time line (12 yr old child, 10 yr divorce) you were married when she was born. In all US states, when a child is born to married couple, the husband is presumed to be the legal father. So you are her legal father. More importantly you are the only father she has known. So to say you are "not the father of my 12 year old daughter" is a contradiction.

Lets now look at the issue of child support. Child support is paid to the custodial parent to pay some of the expenses involved in raising a child. You say "I don't want to be financially responsible to the mother". But you aren't! You are financially responsible for supporting your daughter!

You referred to a 2 year SOL. So you seem to have looked up the law in your area. As I said, you are the legal father under the law in all US states. Most states allow for a challenge to that paternity, but they place conditions on that challenge. Without knowing your area, we can't review the law and see if you are still able to mount a challenge.

So that deals with the legal issues. But there is one more thing. You said "I would like to continue the relationship...". But, you are willing to let her know that you don't want to support her. How do you think that is going to bear on your relationship? Your daughter is the innocent bystander here. Don't let your anger at the mother interfere with your relationship to your daughter (and biology not withstanding she IS your daughter!).

Need to know the State/Country in order to give a definitive answer.

There is no "one answer fits all."