child support question in CA

[Collyne]

If a man is on the child's birth certificate, and has been paying child support, and later finds out through DNA test that the child is not his, will the mother have to pay back the court ordered child support?

 

[PILawGirl]

No. Not in California.

 

[jacksgal]

Are you suggesting a fraud took place? In other words Mother "knew" child was not the man whose name appears on BC? Were the couple married at all? Was there a support order given by a judge? Where is very unlikely any support payments will be repaid there "might" (keyword is might) be a Civil Action the man could take.

 

[Collyne]

There was a possibility from the beginning, and the man knew about that possibility, and chose to sign a declaration of paternity anyway. they were not married at the time of birth, but got married when the child was a year old, and divorced when she was 5. The mother still has not gotten a paternity test done, so they still do not know for sure, and yes there was a court order put into place for child support not long after the divorce.

 

[jacksgal]

Knowing it was possible and knowing are two different factors. Based on your las tpost he "is" the presumed Father.

 

[Duranie]

In this case if the man signed the AOP, he is the legl father and he likely cannot gt out of it now. If he had doubts then he should have had a DNA test done afer the birth. He cannot change his mind after 5 years.