Paying Child Support For A Kid That Is Not Mine

Child Support Question:

How do child support laws handle issues of potential paternity fraud?

My former girlfriend and I had a child out of wedlock who I pay child support for, though I rarely see him.

I’ve learned my ex lied to me about being the father and just wanted someone to help support the child.

Can I take a paternity test to officially determine I’m not the biological father and then terminate child support for a child I have no relationship with?

Answer:

My first word of caution is that each case is different and facts and circumstances, though seemingly small, can change the advice of the most seasoned attorney.  Because of this you should contact an attorney and lay it all out on the table.  For the purposes of this response I will presume that there is a court order that you pay child support.

In Indiana, you have to support a child you are ordered to support by a court. So, if there is a court order in place requiring you to pay child support then you need to continue to do so for the time being.

What you also need to do is submit to a paternity test with you and the child. DNA labs can do what is commonly referred to as a “motherless” draw. There is additional cost in many instances for doing so.

If your daughter is on board with this procedure it should not be difficult as it is a Q-tip swab of the mouth of each of you. Results can be returned in matter of days.

These results can lay the foundation for the court to hear a petition. The court may order a second test at a place or lab they deem reliable.

If you are paying child support, then it may be possible to have those funds held by the court in escrow while the determination is made. If you are the father then the funds may be released to the mother; if you are not then you may still have another hurdle.

The court may require a showing of some duress, deceit or dubious act on the part of the mother to trick or coerce you into agreeing to be the father. If such an act of paternity fraud exists, the court can relieve you of you obligations.

An attorney with whom you have built a good working relationship can ease the fear and stress caused by going to court. They can also help you determine what is going to happen to lessen the worry of the unknown.

To set up an appointment with a Cordell & Cordell mens divorce attorney, including Nathan A. Hacker, an Associate Attorney in Indianapolis, please contact Cordell & Cordell. DadsDivorce.com also provides a variety of articles on paternity law.