Question:
I am a victim of paternity fraud and would like to recoup my paid child support because of it.
My ex-wife recently informed me that I am not the son of our child who is now an adult and who I paid child support for after our divorce.
Is there any possibility of recouping that past paid child support from my ex-wife since she knew the child was not mine but accepted the support on his behalf?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Kentucky child support laws where I am licensed to practice.
Generally speaking, recovering any amount of child support paid is very difficult, if not impossible.
However, one exception is when child support is paid because of some sort of fraud. If you believe that your ex-wife knew that you were not the father, but continued to represent to you that you were the father for the purposes of receiving child support, then you may have an action involving fraud. It may be possible for you to recoup some portion of child support paid.
You would have to convince the court that your ex-wife specifically knew that you were not the child’s father, that she prevented you from learning that you were not the child’s father, and that she did so so that she could collect child support from you.
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If you believe that any or all of the above factors are present in your case, I would strongly advise you to contact a family law attorney in your state. They can advise you on your state’s specific paternity laws and the likelihood of success in your case.
One important consideration is that once you become aware of an injury, the statute of limitations begins to run. You may want to consult with an attorney to advise you on the timeline you have to file such an action.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Louisville Divorce Lawyer Daren C. Neel, contact Cordell & Cordell.
