Can Overdue Child Support be Cancelled if Paternity if you Discover it is not Your Child?

If the payments have not yet been made, then a judgment may be reversed if paternity was in error.  Citing the Child Support Enforcement Fairness Act of 2000 in a recent decision, the court said “It is the moral, legal, and ethical obligation of all enforcement agencies to take prompt action to recognize those cases where a person is mistakenly identified as a support obligor in order to minimize the harm and correct any injustice to that person.”  If payments have not yet been made, then there is no harm to the child from forcing the mother to repay since there is nothing to repay.  The distinction between the two cases is small; however, it is significant.  Contact Sagaria Law today for consultation so that we can put our knowledge and experience in Family Law to work for you.