DNA Test Prove My Husband is Not the Father After 15 Years of Paying Child Support

[rhartline]

My question involves child support in the State of: Ohio

It has taken years to get a court to approve paternity testing because they were married at the time of this boys birth, but just with in the last month DNA testing were approved and we had to pay for them. The mother was court ordered to take the boy to the testing. Results came back that there is 0% that my husband is the bio father. His ex has collected support all these years and has been on public assistance also, which my husband has had to pay support to them for her receiving these benefits. My question is there any way to charge her with fraud, she had admitted to others that he was not the father through out the years but yet would not agree to testing. she had made are life a living hell for 14 years and has made sure that my husband paid even if we could not afford to eat or pay a utility. She has knowingly committed fraud for 14 years and someone her, welfare, child support should have to pay back all the money for all those years. Is any one liable and how do we go about trying to recoup all the money that was paid in for a child that she knew was not his?

[Dogmatique]

Has his paternity actually been legally disestablished?

[rhartline]

Has his paternity actually been legally disestablished?

Yes as of yesterday.

[Dogmatique]

Good - then he no longer has to pay.

I'm frankly astonished that he was able to do that though, given how much time has passed but that's beside the point.

Unfortunately it's not likely that he has any recourse. All Mom is going to do is say "I honestly thought he was the father", or, "He knew he might not be the bioDad all along". The money is gone.

Time to move forward with your lives.

[rhartline]

we go back to court April 14 which is probably when it will be made legal, I would assume that is how that works. The test results that came in the mail yesterday says my husband is 0.00% probablity of being the bio father. I also called the admistrator of child support and he put a stop on any future payments. My husband is behind on payments but I would hope that with this new information that those back payments will be dropped. We were also told by the magistrate that if the results came back that my husband was not the father that his ex could have to pay us back for the cost of the test.

[Dogmatique]

OP, please understand that even with DNA evidence, there is a chance that the court will NOT disestablish legal paternity at this point.

You had initially indicated that this had already happened - and it seems that it hasn't happened yet. Your husband is STILL the child's legal father.

Is there another father in line willing to step up? Because quite often, the State is very reluctant to effectively leave a child with only one legal parent. That tends to go against both the child's best interest, and public policy.

I strongly suggest you don't get your hopes up just yet.

[rhartline]

That is our plans now, it is just a shame that she could commit fraud all of these years and nothing can be done about that. Maybe the laws will eventualy change and they will be able to legally take action against these women. The fathers get the stigma of being dead beat dads and even if they remarry they are still obligated to support the first family as if they still lived with them. We present wives deal with the issues of child support and the effects it has on our lives but as far as the courts are concerned we are not even suppose to be in the court room when support is being discussed. I have been the one who has made calls and handled a lot of this for 14 years and it was my taxes that got taken for the last two years and then the courts can tell you please wait outside this doesn't concern you. I would love to do something to help change this sort of attitude in the court system.

[Dogmatique]

That is our plans now, it is just a shame that she could commit fraud all of these years and nothing can be done about that.

...you only have your husband's word that he didn't know that he wasn't the father. There are two sides to every story, remember

Maybe the laws will eventualy change and they will be able to legally take action against these women. The fathers get the stigma of being dead beat dads and even if they remarry they are still obligated to support the first family as if they still lived with them.

Why shouldn't the legal parent support their legal offspring?

We present wives deal with the issues of child support and the effects it has on our lives but as far as the courts are concerned we are not even suppose to be in the court room when support is being discussed.

That's because you're a legal stranger and really have no place in court.

I have been the one who has made calls and handled a lot of this for 14 years and it was my taxes that got taken for the last two years and then the courts can tell you please wait outside this doesn't concern you. I would love to do something to help change this sort of attitude in the court system.

Adopt your stepkid/s. Then you become the parent.

Look - I'm a stepparent, and I truly understand the frustration. But the fact remains, it's your husband's legal matter. Not yours.

(The courts often take a dim view of this for several reasons - not least of which is that all too often, the actual parent can't be bothered to do the work him or herself)

[rhartline]

The legal parent should support their offspring, I have no problem with that, even though she did not use the support money for the children, there are two daughters that are now in their 20's. We did try to get custody of the middle daughter but the mother would not sing over custody, she did not want either of the gilrls but would not let anyone esle legally have custody of them. I also feel that when it affects your life for 14 years and you help with those children during visatation and are a step parent you should not be considerd a legal stranger. I was a legal parent I have three son's of my own and received only one child support payment from their father in all the years they were grown up. I know what it is to be a legal parent!!! With my husband, he did not understand the legal side of any of this and also was very confused about dealing with child support, what had been paid, what was owed or catching mistakes that they had made so either I help handle it or it affected my life in many ways.

[Dogmatique]

None of which changes my original responses