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ccordy30 · May 6, 2014, 01:42 PM

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??

smoothy · May 6, 2014, 01:54 PM

Were any of those DNA tests ordered by the court? Private DNA tests are not acceptable in a court.

cdad · May 6, 2014, 04:15 PM

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.

ScottGem · May 6, 2014, 04:29 PM

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?

GV70 · May 6, 2014, 11:11 PM

The laws vary from state to state .
Generally child support cannot be recovered.

Fr_Chuck · May 7, 2014, 12:42 AM

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

ccordy30 · May 7, 2014, 04:33 AM

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

Originally Posted by cdad

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.

Yes it was court ordered but we were not married.

Originally Posted by Fr_Chuck

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

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.

Originally Posted by GV70

The laws vary from state to state .
Generally child support cannot be recovered.

Well I was told to file a civil law suit against her but I have no idea where or how to do that.. .

Originally Posted by ScottGem

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?

They didn't do a DNA before because the mother had forged
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...

J_9 · May 7, 2014, 04:45 AM

What is your general location?

ccordy30 · May 7, 2014, 04:47 AM

Originally Posted by J_9

What is your general location?

Dade County/Miami, Florida

J_9 · May 7, 2014, 04:48 AM

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.

ccordy30 · May 7, 2014, 05:00 AM

Originally Posted by smoothy

Were any of those DNA tests ordered by the court? Private DNA tests are not acceptable in a court.

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

J_9 · May 7, 2014, 05:03 AM

Originally Posted by ccordy30

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

You already said that. Your question will be responded to once one of our volunteer experts comes online.

ccordy30 · May 7, 2014, 05:06 AM

Originally Posted by ScottGem

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?

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 sign
My name.

ScottGem · May 7, 2014, 05:08 AM

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?

ccordy30 · May 7, 2014, 05:17 AM

Originally Posted by ScottGem

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 broke
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..

ScottGem · May 7, 2014, 05:24 AM

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.

Originally Posted by ccordy30

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..

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.

ccordy30 · May 8, 2014, 03:51 PM

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.

I was not at the hospital to sign at all... Neither did the mother have any ofmy identifications

ccordy30 · May 8, 2014, 03:57 PM

Originally Posted by ScottGem

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.

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..

talaniman · May 8, 2014, 04:17 PM

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.

ccordy30 · May 8, 2014, 05:11 PM

Originally Posted by talaniman

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 10k