Filling Lawsuit for Child Support Payed

TxBorn76

New Member
Jurisdiction
Texas
Hello and thank you for taking the time to read this post. I will start by saying that I am from Texas. in July of 2012 a child was born and I was deceived into believing that the child was mine. I did not have a paternity test done at the time of the child's birth. Yes I'm aware that I should have done this but at the time it never crossed my mind. in January of 2014 I was informed by a good friend of the mother of the child that I should have a DNA test done because the mother of the child had admitted to her that she didn't believe the child was mine. I then had a home DNA test done that confirmed the suspicions. I then went to a local lab and had a certified DNA test done with the same results.I am in the process now of signing over my parental rights and getting my $14,200 in arrears waived. I am wondering if I have a case to file a lawsuit against her at some point for child support payed($13,600) and emotional damages. And by the way, as of now, I'm still paying child support and medical insurance, and she is still receiving this, knowing that the child isn't mine. Sorry for the long drawn out post. Thank you again
 
You are not going to get a refund on the support you paid. Sorry.

You can sue whomever you want to sue. That doesn't mean you will be awarded anything and IF you do win the suit, that doesn't mean you'll get the money anyway. It won't undo the emotional damage either.

You're going to have to keep paying likely until that order is rescinded. So until they order it to stop, you're going to pay. Lesson learned - always get a DNA test when a kid is involved.

Did you get the test in 2014? Why are you waiting this long to even think about a suit two years after you found out?

I guess some might just send the money back knowing the child isn't the presumed father but some don't. Are you surprised she's keeping it? She legally can keep it right now.
 
You are not going to get a refund on the support you paid. Sorry.

You can sue whomever you want to sue. That doesn't mean you will be awarded anything and IF you do win the suit, that doesn't mean you'll get the money anyway. It won't undo the emotional damage either.

You're going to have to keep paying likely until that order is rescinded. So until they order it to stop, you're going to pay. Lesson learned - always get a DNA test when a kid is involved.

Did you get the test in 2014? Why are you waiting this long to even think about a suit two years after you found out?

I guess some might just send the money back knowing the child isn't the presumed father but some don't. Are you surprised she's keeping it? She legally can keep it right now.
Not suprised at all. But she is cooperating on getting the rights terminated and arrears waived so I guess I'll just count myself lucky on that note. Yes the test was in 2014. I didn't wait this long. I had another lawyer working on it but he kinda messed me over. I know there is a year window in Texas for paternity fraud, but at the time I didn't know. Since then I haven't had the money for a lawyer until now. I really don't have it now so I'm going through Lone Star Legal Aid.
 
Not suprised at all. But she is cooperating on getting the rights terminated and arrears waived so I guess I'll just count myself lucky on that note. Yes the test was in 2014. I didn't wait this long. I had another lawyer working on it but he kinda messed me over. I know there is a year window in Texas for paternity fraud, but at the time I didn't know. Since then I haven't had the money for a lawyer until now. I really don't have it now so I'm going through Lone Star Legal Aid.

Even if you sued the liar, isn't it doubtful she has the resources to pay any judgment you'd receive?

Furthermore, the argument could be made that it was YOU who failed a few years ago to verify her allegations of your paternity.

I instruct all males, married and single, always conduct you own paternity test.
If you aren't the father, immediately hire a lawyer and bring as many lawsuits as you can.

In your case, $20,000 and climbing, $5,000 paid to lawyer is a better bet, plus its tax deductible.
 
Even if you sued the liar, isn't it doubtful she has the resources to pay any judgment you'd receive?

Furthermore, the argument could be made that it was YOU who failed a few years ago to verify her allegations of your paternity.

I instruct all males, married and single, always conduct you own paternity test.
If you aren't the father, immediately hire a lawyer and bring as many lawsuits as you can.

In your case, $20,000 and climbing, $5,000 paid to lawyer is a better bet, plus its tax deductible.
Paying a lawyer is tax deductible?
 
Paying a lawyer is tax deductible?

Yes, personal legal expenses are generally allowed tax deductions, if you itemize.

However, fewer than 1/3 all taxpayers itemize. Personal attorney fees are a miscellaneous itemized deduction, they are limited by the two percent rule: Deductible if and only if, they (along with all your other miscellaneous deductions, if any) exceed 2% of your adjusted gross income (AGI).

Its worth trying if you've had significant legal expenses in any tax year.

All charitable contributions are tax deductible, too.

I know a very wealthy man.
He chooses to give away 75-80% of his income to charities annually, rather than allow the government to confiscate it.

He then lives frugally.

He also has a very well endowed family trust.
 
Yes, personal legal expenses are generally allowed tax deductions, if you itemize.

However, fewer than 1/3 all taxpayers itemize. Personal attorney fees are a miscellaneous itemized deduction, they are limited by the two percent rule: Deductible if and only if, they (along with all your other miscellaneous deductions, if any) exceed 2% of your adjusted gross income (AGI).

Its worth trying if you've had significant legal expenses in any tax year.

All charitable contributions are tax deductible, too.

I know a very wealthy man.
He chooses to give away 75-80% of his income to charities annually, rather than allow the government to confiscate it.

He then lives frugally.

He also has a very well endowed family trust.

No I haven't had any legal expenses this year. 2015 is when I filed for divorce. It was actually not that much - $1500 total for the divorce. That may be primarily due to him never showing up for court and I got a default decree.

Oh it didn't exceed any part of my income. Oh well. Something to keep in mind I suppose.
 
No I haven't had any legal expenses this year. 2015 is when I filed for divorce. It was actually not that much - $1500 total for the divorce. That may be primarily due to him never showing up for court and I got a default decree.

Oh it didn't exceed any part of my income. Oh well. Something to keep in mind I suppose.

Yes, let's hope you never need an attorney.
But, if you do, the fees just might tax deductible.
 
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