Paid for A Child that was not mine!

[Sum1Uno]

What is the name of your state? Virginia


I had paid my wife child support for the first year of "our" child's life. Until after my wife fled the state with the baby. (Lived with her boyfriend and had a few more kids, while we are still married) The courts down here did not know where she was living. Now after 4 years, she had finally came back to VA. After her return she took me to court for child support. And I requested by the courts to have a DNA test. After the test results came back showing that I AM NOT the father. I wanted to know if there would be a case if I took her to small claims court and tried to sue her for the child support that I paid to her for a child that is not even mine.

I just don't want to try to fight for something that I am going to get turned down for any ways. Have you heard of anybody fighting for back child support that they have paid somebody and winning?

[The-Cruel-Angel]

Well, I personally never heard of such things, but good luck it anyway!

[Ohiogal]

Judge Judy had a similar case but Judge Judy is NOT small claims court. Rather that is considered binding arbitration.

[SingleMom67]

But Judge Judy's cases come from small claims courts. She binds the parties to arbitration by hearing their cases. So I think, yes, he could file in small claims courts. No?

[Ohiogal]

But Judge Judy's cases come from small claims courts. She binds the parties to arbitration by hearing their cases. So I think, yes, he could file in small claims courts. No?

He could HOWEVER arbitration and small claims have different rules of evidence. he may be able to recover though.

[Golfball]

I don't know what the VA case law is on a laches defense (or whether it would even apply, I suppose that would depend on the circumstances), but even if you do manage to get a judgement (from whatever court), would you be able to collect on it, or would it be trying to get blood from a stone?

[BL]

Here is for some interesting reading :

[url]http://www.cnn.com/2007/US/07/11/paternity.cases/index.html[/url]