Can you be Reimbursed for Child Support Payments if you Discover it is not Your Child?
Recent court decisions have suggested that you cannot. The onus is on you to determine paternity at the earliest date possible because once support is paid, even if a person proves no biological relationship, the law doesn’t allow that support to be refunded. The court will stop the mandatory payments; however, the payments already made will not be refunded because of the potential for harm to the child if the parent is ordered to pay back the money. Since the health, safety, and welfare of the child is the courts first concern, the burden of the loss is placed on the paying parent. Court decisions have shown that even with conclusive DNA proof that disproves paternity, this will not justify reimbursement of child support. Likewise, courts have rejected claims of unjust enrichment of the mother. The court decisions are clear: consult with an attorney and contest paternity at the earliest possible date or face the consequences. Contact an experienced attorney at Sagaria Law today to schedule your consultation to protect your financial well being.