civil case for paternity fraud

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superdupeddad

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hey gang, was wondering if i have a case to sue my ex for paid child support. i found out about 2 years ago that both my children (ages 9 and 10) were not mine , biologically. since then i was forced, i use the term loosely, into signing over my parental rights. that was THE ONLY way to get out of paying any further child support. my intention was to carry on as father and vacate my child support. well that didn't happen, the only way out of child support is to sign off as father. after this i was still responsible for the arrears owed. the mother and i agreed verbally that i would continue on as father and she would give me any/all money paid towards the arrears. so that went smoothly until september 2010 there was $1,200.00 taken from the child support credit card (eppicard). she went on welfare w/o telling me and welfare took that money off of the card. i let that go. now i filed my taxes for 2010 and it paid off my remaining arrears and went to the child support card. she went and had my card cancelled and had a new one sent to her home and spent the whole $3,500 that was on the card. my question is can i sue her civilly for past child support that i paid her, she has already admitted under oath that she knew there was a possibility that they weren't mine? if i can sue her, can i file 2 seperate orders, one for each child? i also believe they are from different fathers. thank you for all responses!
 
You need an attorney.
You also need to have DNA tests conducted on the children.
But, after a decade, that could be very., very difficult to do, even with teh assistance of an attorney.
I suggest you speak with a couple of local attorneys.
The initial consultation is normally at no cost to you.
So, be prepared to ask the lawyer(s) plenty of questions.

I wish you well.

I hope you prove that cow to be crooked and get all of your money returned, or at least the cow gets sent to prison.

My basic advice is, "Men do not pay, until you've done the DNA!"
 
yes paternity has already been disestablished......I AM NOT THE FATHER OF EITHER CHILD! i have been disestablished by the courts. i didnt have to pay any child support going forward but was responsible for all arrears. so i rented the children for about 8 years! don't think i need a lawyer for this, i want to file a civil case against her for the child support i paid for both children and would like to do so separately.
 
I honestly don't think you have a case.

The time to get a DNA test is before you agree to become the legal father; she will likely say - if asked again - that you BOTH knew that you might not be Dad, and you accepted responsibility anyway and this is nothing more than retaliation on your part.

There may not even be precedent for such an action in your state...and if you seriously want to go down that route, you'd be foolish not to get an attorney.

And please don't yell at us.
 
yes paternity has already been disestablished......I AM NOT THE FATHER OF EITHER CHILD! i have been disestablished by the courts. i didnt have to pay any child support going forward but was responsible for all arrears. so i rented the children for about 8 years! don't think i need a lawyer for this, i want to file a civil case against her for the child support i paid for both children and would like to do so separately.

What amount MIGHT you be contemplating recovering for EACH child?

You are always free to file and pursue a small claims case.

The statutory maximum for such actions in your state is limited to $5,000 per claim.

However, NJ might consider your claim related to a domestic dispute.
If it is, then you might be statutorily barred from pursuing this remedy.

If this is the case, then you'd have to file in county court.

This website provides you with information about the NJ court system.

http://www.judiciary.state.nj.us/


CLAIMS THAT CANNOT BE FILED

The following is a general list of claims that cannot

* Claims arising from professional malpractice (for example, alleged malpractice by a doctor, dentist, or lawyer).
* Claims for support or alimony from a marital or a domestic dispute.
* Claims arising from a probate matter.


This website provides information on how to initiate such a small claims action in NJ. Good luck.

http://www.judiciary.state.nj.us/civil/civ-02.htm
 
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On a more personal note...

..we really do need to do something about paternity fraud.
 
On a more personal note...

..we really do need to do something about paternity fraud.


There already is a remedy today, unlike 25 years ago!

I recommend that all parties request a DNA test.

That way, no one can "con" or "scam" anyone!!!


People, (men especially) get that DNA without delay; before a judge orders you to pay, pay, pay!!!
 
Oh, I know. I don't want to hijack or turn this into a debate, but honestly - if Mom sleeps around during her marriage and Husband is unaware, any child she conceives is considered a child of the marriage and Husband is on the hook. He'd likely not want to question Mom's fidelity - I mean who would?

If they divorce and he THEN discovers the child isn't his - most of the time he cannot challenge paternity (divorce solidifies paternity in most cases - any challenge should be made as part of the divorce action) and he's been screwed completely unless Bio Dad comes along.

And even then there's a better-than-good chance that paternity cannot be challenged.

(Please note I'm not nearly as sympathetic when this happens out of wedlock...)
 
I honestly don't think you have a case.

The time to get a DNA test is before you agree to become the legal father; she will likely say - if asked again - that you BOTH knew that you might not be Dad, and you accepted responsibility anyway and this is nothing more than retaliation on your part.

There may not even be precedent for such an action in your state...and if you seriously want to go down that route, you'd be foolish not to get an attorney.

And please don't yell at us.

sorry wasn't yelling i was expressing. this has been going on for too long and now she has stolen my taxes, intercepted! they weren't even mine.....i claimed my fiance's daughter! we had no problem when it was just $100 per week, but when she saw that $3,500, she couldn't help herself! she committed fraud, she admitted under oath that she knew, full well that there was a poss. that the 1st child was not mine. then for the 2nd child not to be mine? thats clear cut fraud ladies and gentleman! and yes i'm looking for $5,000 for each child! just seen judge mathis award a victim of paternity fraud $5,000 for emotional damages! there is a loop here, i just need a push in that direction! thanx gang for all the replies!
 
Judge Mathis acts as an arbitrator - and arbitration means that both parties agree to the arbitrator's decision. But first, both parties must AGREE to arbitration prior to that...do you really think Mom is going to agree?

But by all means give the show a call. You might get somewhere. Because outside of binding arbitration or mediation, you don't have a case.

And if I was the defendant, I'd go out of my way to claim that you KNEW from the beginning that you might not be Dad, but took on the responsibility anyway.
 
she had her chance to play that card when i went for paternity. the judge asked why i wanted paternity and i had told the judge that i had found out from a friend of hers that my ex told her that i was not the father of the 1st child and thats why i wanted paternity after all this time. then the judge asked her if there was a possibility that the child was not mine she answered yes! now if my ex would have turned and said i knew all along then theres a good chance that the judge would have not given me dna testing. the judge asked why should i give you dna testing after all this time! so she had her chance to go that route! the judge saw fit that i deserved a test after all that time, then to have my son come up to not be mine.......if she felt there was a possibility that my daughter wasn't mine then why wouldn't she think that my son wasn't either. so she can't go that route now, that would mean purging herself!
 
I endorse any tv legal show as a means to resolve most legal disputes. Every participant gets a free trip to another city, free food, free lodging, a pool of cash (split between both participants), paid travel expenses for a companion, the debt gets paid (issue gets resolved win-or-lose), a chance to make a dunce or a genius out of yourself on national tv, and your issue gets resolved peacefully.
 
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she had her chance to play that card when i went for paternity. the judge asked why i wanted paternity and i had told the judge that i had found out from a friend of hers that my ex told her that i was not the father of the 1st child and thats why i wanted paternity after all this time. then the judge asked her if there was a possibility that the child was not mine she answered yes! now if my ex would have turned and said i knew all along then theres a good chance that the judge would have not given me dna testing. the judge asked why should i give you dna testing after all this time! so she had her chance to go that route! the judge saw fit that i deserved a test after all that time, then to have my son come up to not be mine.......if she felt there was a possibility that my daughter wasn't mine then why wouldn't she think that my son wasn't either. so she can't go that route now, that would mean purging herself!



Sigh...I don't think you understand how it works in family court.

That wouldn't be perjury.

She was never asked whether you were aware of the possibility - hence she never answered, and never lied.

Hence no perjury.

Seriously - you have no case here. You need to move on with your life.
 
i'm not planning to take her back to family court here! i just hate family court! its never "whats in the best interest of the child", its about the buck! god knows how much money is involved w/ the child support scheme, i wanted to take her in front of a civil judge! hey OJ was found not guilty in a superior case but found guilty in civil case! its pretty compelling that i was duped. there are just laws set in stone in the family courts, where sympathy is not practiced. i feel like i could get the sympathy of a civil judge, or atleast a mediator and come to an agreement! maybe she'll be intimidated by the threat of going in front of a judge to explain herself! she is not very bright! well i guess bright enough to dupe me, not once but twice, lol! and that in itself is really compelling, i mean 1 child....fine. but 2 children? come on!
 
and move on w/ my life? its comments like that that make me want to do this so much more! i've looked up cases and people HAVE been sued for paternity fraud, so its not out of the realm of possibility! and what about pain and suffering? you think i didn't have a nervous breakdown and couldn't get out of bed for 6 MONTHS! i felt like i lost my children! look i had the child support card for 1 year, mark it down, 1 year! stay w/ me here! if i went this route for instance.....we had an agreement in place. she gave me the child support card so i can have some of my money back, then 1 year later (december 2010) has the card cancelled on me. after having it for 1 year! and then has a new 1 sent and spends my tax return that went towards the arrearage for child support! and since then won't speak to me, she won't come out of the house when i go pick up kids, she's communicating through the children, and i don't go for that shit! leave these babies out of it! so whats her defense to robbing me? when asked did you have agreement then she lies and says no. then.....well why did he have the child support card? and why did you wait 1 year to cancel it? you see there was an obvious agreement in order for these circumstances. so she OBVIOUSLY felt i was entitled to get SOME of my money back, so therefore perhaps if SHE feels compelled to entitle me........then she is in turn felling guilty, therefore IS guilty! does that make sense? i'm not being sarcastic here, but this does make sense and there are obvious grounds for taking this girl to court and be held accountable for her actions! she teaching these poor kids that people are disposable in life! i'm not trash, i am bitter about the whole thing but i'm also rational enough to know that i gotta have a point here!
 
You're not being rational at all.

But that aside, what do you think will happen?

Do you think she's going to go to jail? She's not. So let's rule that one out from the start.

Do you think that on the off-chance (and this chance is tiny) that a court actually rules in your favor that you have any chance at collecting anything from her?

Really? You're willing to waste even more money on this woman for what? To prove a point? That's not smart.

You need to move on and perhaps get some counseling.

If you can find an attorney to take your case on contingency, then you have something - perhaps.

If not - you don't.

Good luck.
 
i'm not planning to take her back to family court here! i just hate family court! its never "whats in the best interest of the child", its about the buck! god knows how much money is involved w/ the child support scheme, i wanted to take her in front of a civil judge! hey OJ was found not guilty in a superior case but found guilty in civil case! its pretty compelling that i was duped. there are just laws set in stone in the family courts, where sympathy is not practiced. i feel like i could get the sympathy of a civil judge, or atleast a mediator and come to an agreement! maybe she'll be intimidated by the threat of going in front of a judge to explain herself! she is not very bright! well i guess bright enough to dupe me, not once but twice, lol! and that in itself is really compelling, i mean 1 child....fine. but 2 children? come on!



You have no idea what the OJ trial was really about, do you?

Sigh.
 
OK, I have 2 friends that have been in similar situations. One was married and when divorce was final the child was found to not be his. But the judge had already ordered back child support from date of seperation. He went through several lawyers and courts, only to find that he was legally obligated to pay the support from date of order till paternity was disproved. He was on the hook for all the back support.

Second friend was royally screwed! He had a relationship at 15 with a woman who was 28. At 16 he was ordered to pay child support even though he didn't have a job. This started him out so far behind he never did catch up. At 26 he was getting married, and they went to court to start seeking visitation with his son. She all of the sudden volunteered the info that it wasn't his kid. After a DNA test, it was proven that it wasn't his child. The child support order was stopped, but he still spent the next 5 years paying off all the back child support. We all know that if that had been a 15 year old girl and a 28 year old man handcuffs would have been involved.

By the way, 2 different states, the first was in Missouri, the second was in Kansas.
 
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