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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37830
Experience:  Retired (mostly)
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My husband was married to his ex-wife after their 1st child

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My husband was married to his ex-wife after their 1st child was born. There were subsequently 2 children born during the marriage. Now it seems the 1st child and in all probability, the 3rd child are not his, although he was never led to believe otherwise, after their divorce, he paid child support for over 10 years on these children, can he petition for DNA testing and file for reimbursement of all the child support payments he made?
Submitted: 7 years ago.
Category: Family Law
Expert:  socrateaser replied 7 years ago.

Because there was a divorce and that judgment apparently found husband liable for the children's support, there is no way to attempt to hold the children's mother or the natural father liable, because the dissolution judgment is "res judicata," i.e., a final and complete expression of the law of the case.


A judgment may sometimes be set aside on grounds of mistake or fraud, but it would be very difficult to accomplish on your stated facts, because family courts lean HEAVILY in favor of minor children and they will bend over backwards to avoid creating opportunities for disgruntled parents to rehash a child support action.


Also, different State jurisdictions have very different rules about challenging paternity. In some jurisdictions, after a certain number of years, no challenge is possible under any conditions. So, a lot depends on where the divorce was obtained.


If you really want to try to set aside the divorce judgment as applies to the children, you will need a very competent family law attorney in your locale. It could be quite expensive.



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