I have been married for 11yrs and with the man for a total of 14yrs. Have been divorced for 2yrs and now to come to find out the man I was not married to is not the father and wanting childsupport terminated. He took a DNA test to prove that he was not the father and is now going to court to request that they terminate child support and me pay back to money that I was getting since the divorce. How do the courts handle a case when a couple divorced and find out that her husband is not the biological father. Please advise
Optional Information: Charlotte, North CarolinaAlready Tried: looking up other web site to provide me info and emailed a judge stating the situation at hand.
The courts can handle this a couple different ways.....they can order that the child support be terminated based on the paternity issues or they can continue support based on the fact that he has created a bond with the child.
The biggest issue is if they terminate support he can attempt to take you to court for paternity fraud. While these cases are not always approved the fact is the courts are getting more stern on this issue. They could order you to pay the money back if the court feels this was intentional.
Family Law Consultant Specializing In Interpretation Of Family and General Law.
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