My ex has summons me to court for repayment of childsupport for a child that has just been found out that wasn't his. He stoped payings child support last year when testing was done. The child is 18 now. He had taken me to court off and on the whole time the child was growing up but never went thought with getting the child tested. Isn't there a code that says he can't get repaid child support that been paid. State of VA

When was the testing done proving he wasn't the father (month and year) because I believe there would be a statute of limitations on how long he would have to sue for the child support.

You definately need a lawyer for this because I have heard of cases of this happening but there are a lot of things involved in it.

Let me ask you a question. Was paternity established by default? or were you married to him and he was automatically presumed to be the bio-dad? There must of been a judgement for child support correct? Did you purposely try to commit fraud? Did you truely believe the child was his? Why now after all these years did you do a DNA test? No judgements here, but before I can answer your question I need a few more facts.
Dawn

If he is NOT the dad, why would he ever owe anything? She should have to pay him back every cent he ever paid.

If he is NOT the dad, why would he ever owe anything? She should have to pay him back every cent he ever paid.


This could be for different reasons, the biggest in the courts eyes is if there is a SOL to file suit from the time he knew he was not the father. If he misses that time (if there is one, and being as it's a civil suit there likely is) then he would have no recourse to get reimbursed. SOLs and jurisdiction are the two most important things when it comes to suits and courts.

depending upon the state it could be a civil matter. Technically it is fraud.

If he gets an attorney you could owe him every penny plus interest.

Why would you let someone pay child support for a child that was not his?

surely you had an inkling that it might not be.

but then again the mother is the only one that knows for sure the child is hers.

thus the reasoning for mandatory paternity testing at birth for every child inside or outside of marital bliss.



rini

depending upon the state it could be a civil matter. Technically it is fraud.

If he gets an attorney you could owe him every penny plus interest.

Why would you let someone pay child support for a child that was not his?

surely you had an inkling that it might not be.

but then again the mother is the only one that knows for sure the child is hers.

thus the reasoning for mandatory paternity testing at birth for every child inside or outside of marital bliss.



rini


It's only fraud if she REALLY knew the child wasn't his. But again seeing as it's a civil matter the SOL will come into play. Depending on the age of the child when the father found out he may have no recourse anyways. In the state of VA the SOL for establishing paternity is 18.

ummm

last time i checked if you have sex with more than one man there would be a possibility that there could be a chance that either would be the father of a child born with in that certain time frame.

If the woman accepted CS monies with out letting the man know that there was a possibility that he might not be the father it most certainly is FRAUD!!!!!
Definition of Fraud

A deception deliberately practiced in order to secure unfair or unlawful gain.
A piece of trickery; a trick.

One that defrauds; a cheat.
One who assumes a false pose; an impostor.


Please explain how she did not decieve him I would be most interested to hear this one.

rini


not to mention just plain WRONG

The LEGAL definition of fraud is: the intentional misrepresentation of the truth done to cause someone else to rely on that misrepresntation and be decieved into surrendering a legal right or otherwise being injured

To prove fraud he would have to prove that she intentionally did this to him. Maybe she did, maybe she didn't, however, we are losing sight of the fact that this poster said this was found out last year. On top of that even if he did file for fraud the SOL in Virginia for that is 2 years.

Well the legal definition that you posted certainly provides a much clearer view of the situation> She has most certainly committed the LEGAL Definition of FRAUD as you put it. Not to mention the moral cess pole she has been living in for years.

not only has she misrepresented the facts she has done everything that you posted in your legal definition and caused the man and her own child in fact unbelievable harm.

she has taken his money more importantly she has taken some one elses rights away also. (I hope he sues her too)

Maybe she has maybe she has'nt done this knowingly (now come on)

what was she unconcious when the other one , two or ten men had sex with her??????

well i guess the man in question could have known she was sleeping around and just paid the support because he was a good person and had the best interests of the child at heart. She certainly never did or she would have made sure that the child had the option of actually knowing who his real father was. Even if it meant an embarrassing round of 12 paternity tests.........

As far as the statute of limitations goes there are many ways around those especially in cases like these and from what i read 3 years from the last payment would be the worst case scenario. other examples give 10 or 20 years. Also in cases involving these extreme amounts of money and the deliberate callousness of the woman involved a sympathetic judge could be swayed.

Any hoot It is women like this that make all of us look so very very bad.

If I sound judgemental perhaps I am. but then again having been in the same situation when I was 17 I opted not to lie about not being sure about who my childs father was and was mature enough to admit my mistakes and not make some guy pay for a kid that was not his for 18 years. I swallowed my pride and took the nasty remarks and everything that went with the 2 paternity tests. And this was 26 years ago.. My son respects me. But I never took a penny from any one and raised him on my own. His father opted for no contact after one visit. When he was a teen I offered the information and put the ball in his park. Again when he was leaving for the Navy I asked if he wanted contact. He has 2 younger half sisters he has never met. Sometimes it hurts to do the right thing but it is the only way to hold your head up.

You can cheat all you want while you are on this earth but eventually you will have to answer for it.

I would love to know how the heck she is going to explain to an 18 yr old that she denied him the opportunity of actually knowing his true parent. (and WHY??????

May God forgive her because her child probably never will.

rini

Well the legal definition that you posted certainly provides a much clearer view of the situation> She has most certainly committed the LEGAL Definition of FRAUD as you put it. Not to mention the moral cess pole she has been living in for years.

****First, the law doesn't deal with moral per se. Secondly it is your opinion that she committed the legal definition of fraud. What your opinion is and what can be proven may be completely different. I am not defending the act, but stating how the law sees it and that is what she came here for, to see how the law looks at it.

not only has she misrepresented the facts she has done everything that you posted in your legal definition and caused the man and her own child in fact unbelievable harm.

**** How do you know this? This posted posted ONE time and never once did she even indicate that she did this intentionally or anything other than the fact that DNA proved last year the man wasn't the father, the child is now 18 and that the father took her to court off and on but never obtained any test.


she has taken his money more importantly she has taken some one elses rights away also. (I hope he sues her too)
****She took someone's rights away? What rights? We don't even know if these two were married or not. We don't know if this man suspected he wasn't the father. We don't know anything other than what the first post states here and that's nothing.


Maybe she has maybe she has'nt done this knowingly (now come on)

****And until he can prove that she did to it knowingly he may or may not have a case. Again what you think doesn't matter... only the law matters.

what was she unconcious when the other one , two or ten men had sex with her??????


****You are making some huge assumptions here. What if she DID tell this man that he might not be the father and he chose to ignore that and accepted the child? Does that still mean she committed 'fraud' as you put it? You are jumping to conclusions that are not based on anything this poster has stated

well i guess the man in question could have known she was sleeping around and just paid the support because he was a good person and had the best interests of the child at heart. She certainly never did or she would have made sure that the child had the option of actually knowing who his real father was. Even if it meant an embarrassing round of 12 paternity tests.........


****Again assumptions. Just because he isn't the father doesn't mean there was 12 others!

As far as the statute of limitations goes there are many ways around

****Um.. NO.. when something an act is barred by a SOL... it's barred. Whether it can be a different charge then that's different. but as stated, fraud has a SOL of 2 years in the posters state.


those especially in cases like these and from what i read 3 years from the last payment would be the worst case scenario.

****every state is different and what is an SOL in one state doesn't mean it is in another

other examples give 10 or 20 years.

****Again SOLs are dependant on the charge as well as the state. The other 49 states do not matter... ONLY this state.

Also in cases involving these extreme amounts of money and the deliberate callousness of the woman involved a sympathetic judge could be swayed.

****Swayed on what? Have you been to law school? obviously not. There is no defense to a SOL or otherwise known as estoppel by laches. An SOL is the fastest way to throw a case out of court and judges are FORBIDDEN from hearing a case in which the SOL has ran out.


Any hoot It is women like this that make all of us look so very very bad.


If I sound judgemental perhaps I am. but then again having been in the same situation when I was 17 I opted not to lie about not being sure about who my childs father was and was mature enough to admit my mistakes and not make some guy pay for a kid that was not his for 18 years.

****good for you but again you don't know this story and have not only made HUGE assumptions without facts but obviously know nothing about the law. People come here for legal advice, not opinions.

I swallowed my pride and took the nasty remarks and everything that went with the 2 paternity tests.

****So you had two paternity tests done. Sure it shouldn't have been 12 like you have accused this poster??

And this was 26 years ago.. My son respects me. But I never took a penny from any one and raised him on my own. His father opted for no contact after one visit. When he was a teen I offered the information and put the ball in his park. Again when he was leaving for the Navy I asked if he wanted contact. He has 2 younger half sisters he has never met. Sometimes it hurts to do the right thing but it is the only way to hold your head up.

Once again... good for you, but you have no idea the story behind this one


You can cheat all you want while you are on this earth but eventually you will have to answer for it.

****once again that is your opinion

I would love to know how the heck she is going to explain to an 18 yr old that she denied him the opportunity of actually knowing his true parent. (and WHY??????

***and how do you know only SHE has to explain it?


May God forgive her because her child probably never will.

rini


You are the most judgemental person I have seen in recent weeks. You have completely jumped to conclusions on things. Thank God you are not a lawyer because you would be doing your clients severe disservice due to your obvious bitterness.

other questions knowone asked did he see child was he like a father minus just $ did he claim child as his also not only monitarily? they also say who is not father who takes responciblity can be forced to pay in some states however if he did ask time and time for perternity test and had no interaction absolutly should be repaid however many factors and many arguments cops wife may get to not pay or may have to or ?? but how is the child w/ all that has happened was the not real father there or not for the child

The best interests of the child

that is what the support and custody section of the statutes (laws) of each state are based on.

whether they were married or not has no bearing because of the deception she has not acted in the best interests of her child. No matter what the circumstances.

I am bitter? No I am angry that women do these things and then expect to just get away with it.



Judgemental ! Definitively ADMITTED! There is no excuse No story that could justify any of it. Nada. If they were married it just makes it even worse. If the poor guy signed an admission of paternity because she assured him the child was his then again he was misled deliberately. Never said the laws made sense. And last time i checked opinions were the norm here not legal suggestions.

Statute of limitations can also be calculated in Va. from the date of the Cause of Action. IE.. date of paternity test.... and date of judgement.
what i was referring to before.

Yes I have no idea how he found out. But the bottom line is that she has always known that there was a chance he was not the father.


That is not an assumption but a fact.

rini

Assumptions aside, here's the actual VA statute:

§ 20-49.10. Relief from legal determination of paternity.

An individual may file a petition for relief and, except as provided herein, the court may set aside a final judgment, court order, administrative order, obligation to pay child support or any legal determination of paternity if a scientifically reliable genetic test performed in accordance with this chapter establishes the exclusion of the individual named as a father in the legal determination. The court shall appoint a guardian ad litem to represent the interest of the child. The petitioner shall pay the costs of such test. A court that sets aside a determination of paternity in accordance with this section shall order completion of a new birth record and may order any other appropriate relief, including setting aside an obligation to pay child support. No support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for relief from a determination of paternity, but only from the date that notice of the petition was served on the nonfiling party.

A court shall not grant relief from determination of paternity if the individual named as father (i) acknowledged paternity knowing he was not the father, (ii) adopted the child, or (iii) knew that the child was conceived through artificial insemination.

(2001, c. 814.)

So no... he will NOT be made to repay what was ordered as the statute plainly states that it can not be modified retroactively, only from the date of filing the petition for relief forward. He could, however, file a civil suit outside of family court seeking reimbursement and NOT a modification. Whether he would/could win is something only the judge could decide, hearing all of the facts of the case.

I have to say, I am siding with Rini on this one. I think the woman should have to pay back every dime and hope that she is ordered to.

She had to have known from the beginning that there was a possibility this child could have been another mans. She should have made that known from the very beginning. Did noone ask her if there was a possibility this child could be someone elses? When I filed for child support they sure asked me that.

This law really does NOT seem fair to me. He has believed for 18 years that this child was his. He has paid child support for who knows how many years. No he is having to deal with the hurt and anger of being lied to about parentage. That alone should be enough to sue this mom for all the child support he has paid to her.

I can see rini and Suzy's side both.

If the woman was a manipulating hussy that straight up lied, then I think she should be made to pay it back too. Playing someone just to get their money is BS. However, the law states she doesn't have to, that dad can't retroactively modify the CS order, and that's what matters.

Also, like Suzy said, we don't know if the man KNEW the child wasn't his and took on the responsibility anyways. The OP just may have told him "Hey, it may not be your child, it could be Jow Blows, I'm not sure" and the dad said, "Forget it, this is my child" and took on the responsibility without getting the DNA test done. It DOES happen. The OP has never came back to clarify anything. If this is the case though, dad has some responsibility in this as well.

Even if the woman did sleep with 2, 10, 12 or 20 men at one time that's not the point here. And no I am not defending ANYONE that sleeps around, doesn't use protection and gets pregnant unable to know who the father is without a test. HOWEVER, the LEGAL question was can he come back and get the money he paid in support and the LEGAL answer is that maybe, until the statute of limitations runs out. The law makes sure that for instance in this case this man found out a year ago this child was not his that he does not wait 10 years to take this woman back to court. He knew he was wronged a year ago. The law makes sure you can sue but not just at your convenience.

Should this poster be worried that she may owe this man a bunch of money? At this point yes until the SOL runs out. Why should this man (who may or may not have been wronged, depending on the circumstances) be able to sit on this and sue her years and years later. If he is going to sue he has the right to do it now and up to three years from the time of proof that he was wronged. Now, in this case if the woman can prove that there was a question of paternity and HE KNEW it; it's up to the judge. Either way it's up to a judge to decide whether he's entitled to his monies back.

Our opinions on whether he deserves it, whether this poster is scum of the earth or not, whether she wronged her child, whether her child will hate her forever or not is moot.

The answer to you all. The child/children all could have the same problem. He was an abusers and if you don't know anything about that, check it out. There are many types of abuse and I had them all. the one that involueds the child/children. he use me to have sex with his friends/business contacts :eek: Put the rest with the story.

When I was 18 I was happily engaged to be married. At the same time I got raped by a relative. Before the rape I had suspected I was pregnant which was confirmed 1 month after the rape. I had no reason not to think it was my fiance's baby. Because of the rape my fiance ran like the wind. I never told him I was pregnant, my father did. When my son was born he was overdue, so the nurses thought. He had all the health symptoms. Still no reason to suspect he wasn't my fiance's. My son is now 9 1/2. He has my exes build, his hair, their baby pictures were identical. But in Feb of 2001 my ex had a DNA test done unbeknownst to me. Two days ago (yes 5 years later) he went and paid to get the results. They say my son is not his. Of course he & his wife are in a huge financial bind so they asked the child support enforcement division to make me pay him back. CSED in NM won't allow that to happen. He has to sue me which I'm sure he will and I already have an appointment with my lawyer. I also plan to have the test done again.

We also have been in and out of court over the past few years. He has had minimal contact with my son since he was 9 mths old when we learned had a genetic disablity that caused him to be mentally handicapped and autistic. Many times I have told him that if he did not want his son then give up his rights. He didn't use them anyway and all child support would cease. I could care less about the money. I never even sought out the child support. He was stalking my apartment and when I took him to court over it the judge ordered it and ordered a garnishment order.

I too don't think I have to pay it back. I did not intentionally cause him to believe he was the father and I gave him every chance before and after my son was born to let him go and forego child support and he didn't. Why now?? So I'm praying that the judge will see this for what is, stop the child support (he still has to pay but I refuse to accept a dime from him until we know more), take away his rights (whether he is the father or not) and allow my husband to adopt him. My husband loves this child for what he is and accepts him as he is.

So ,unfortunately, I can't answer your question but I can empathize. I wish you the best of luck and may the good Lord do what is right by you. No one can understand the pain of being in a situation such as ours until they have lived it. It easy to make judgement and assume what you would do about a situation but no one ever truly knows what they will do until it has happened to them.

Good luck

You wrote:
No one can understand the pain of being in a situation such as ours until they have lived it. It easy to make judgement and assume what you would do about a situation but no one ever truly knows what they will do until it has happened to them.

Not everything in life is black and white, there are alot of grey areas. You are in my prayers and I wish you the very best of luck!
God bless,

You are not in my prayers at all, why anyone would keep you in their prayers is ABSURD to me. You are a HORRIBLE person. Abuse does not justify lying to your own child for 18 years. Oh because there was some type of abuse it is okay to be a slut. You make all women look bad. I hope your wages get garnished and you have to work every single day to pay him back. And I think I can guess the type of person you are, you will probably just stop working so you don't have to repay him, at that point I hope they throw you in jail. I can't imagine lying to my child and having them believe someone is their father when you KNOW there is a chance they are not. WHat if there was some kind of accident and he/she needed a blood donor, what would you have done then??? In a case like this there should be no SOL, you defrauded him and the courts. I agree with RINI 100%. Copswife you should be so ashamed of yourself, I dont even know how you look in the mirror everyday, you discust me, and good luck to your husband I hope he wins in court!!!!!!