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socrateaser
socrateaser, Lawyer
Category: Family Law
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Experience:  Retired (mostly)
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14 years ago I was divorced from a woman that testifed under

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14 years ago I was divorced from a woman that testifed under oath in Colorado that the child was not mine. During the divorce in North Carolina she abandoned me and moved back to Colorado and denied me a DNA test. I proved that the woman did in fact have afairs outside our union. A judgement was made in North Carolina that on the grounds of her testimony in Colorado and that she abandoned me during the divorce that the child was not mine. In the summer of 2009 she contacted me and said that the child wanted to meet me. I asked that we get a DNA test to prove that she was mine becuase I am married and have to young childeren that are nine and eleven that would be involed with the meeting of her. The DNA result was 99.9 positive. The mother is now wanting child support. My question is how far back can she claim child support.
Submitted: 3 years ago.
Category: Family Law
Expert:  socrateaser replied 3 years ago.
Hello,

If the judgment states unequivocally that the child is not yours, then the mother cannot get child support under any circumstances, without first getting the Colorado court to vacate the judgment. Colorado law permits a child support judgment to be set aside on grounds of fraud or mistake. See Green v. Green, 93 P.3d 614 (Colo.App. 05/06/2004).

However, even if the judgment is set aside by the court, the mother may be "estopped" (barred) from using the change in her testimony to enforce a retroactive child support award, assuming that the court is convinced that the prior orders caused you to change your life differently than you otherwise would have. Obviously, this is the case, because you expended money in ways that you would have been unable to do, were you subjected to a child support award, as well as the right to custody or visitation with the child.

BotXXXXX XXXXXne, you could be subjected to 14 years of retroactive child support -- but I think it extremely unlikely, in view of the facts, because of the oppressive nature of the ruling and the deprivation of your parenting rights in reliance upon the court's prior judgment.

Hope this helps.

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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33378
Experience: Retired (mostly)
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