Getting My Child Support Money Back

[Mister Ecua]

What is the name of your state? MD

I just posted this not too long ago in the Family Law; Child Support Area, and they told me it was not possible, but maybe small claims would be the way to go...


My "son" was born in June 2006, and the mother told me there was no way possible that the child could be someone else. Me, being the 22 year old man I am, stepped up to my new responsiblity and sent money to the mother on a regular basis. For some reason, the mother went and petitioned for child support, but because I never signed the birth certificate, a paternity test was needed by the courts. Today, I got the test back, and it says that I am no way possible that I am the father. What should I do now? Is there anyway I can get my money back? If I can, what can I go for? I have kept track off everything I gave her by record of checks, money order reciepts and regular reciepts of things that I bought for my son. I also filed for custody for my son (a filing fee was needed) on the assumption that the child was my son. I would apprieciate the help thank you.

 

[fairisfair]

What is the name of your state? MD

I just posted this not too long ago in the Family Law; Child Support Area, and they told me it was not possible, but maybe small claims would be the way to go...


My "son" was born in June 2006, and the mother told me there was no way possible that the child could be someone else. Me, being the 22 year old man I am, stepped up to my new responsiblity and sent money to the mother on a regular basis. For some reason, the mother went and petitioned for child support, but because I never signed the birth certificate, a paternity test was needed by the courts. Today, I got the test back, and it says that I am no way possible that I am the father. What should I do now? Is there anyway I can get my money back? If I can, what can I go for? I have kept track off everything I gave her by record of checks, money order reciepts and regular reciepts of things that I bought for my son. I also filed for custody for my son (a filing fee was needed) on the assumption that the child was my son. I would apprieciate the help thank you.

Without a court order, you were not required to provide support, and in fact, fact proven, you were foolish to do so prior to the paternity test. Nobody forced you to give her money. I buy gifts for people's children all the time, and they are not mine either. That is basically what you did. As for the filing, that is your fault, why on earth would you file for custody of a child before you were his legal father??. And why do still refer to him as your son?

 

[Mister Ecua]

1) I told that the child could not be any others than mine
2) I thought the child was mine, so why would I not support it?
3) by support the child before an order was issued in the family court, by going for custody would have given me a leg up
4) I referred to the child as my "son", not -my son-, I just got the paternity test less than 6 hours ago, so it's I'm still in shock and it's going to take sometime for me realize that I don't have a son that I loved dearly anymore.
5) The money that was given to the mother was defintely not "gifts" and I don't give handouts to any child. I specifically put on the checks I wrote her, "child support", which are shown on the digital images...

now, with that said, and I have established that the money given was not a "gift", is it possible to persue my money back?

 

[racer72]

1. Happens quite often actually.
2. Very noble indeed, you should be proud.
3. Are you asking a question or making a comment?
4. There is no law that says you have to stop being a "father" to the child, you legally do not have to support him anymore.
5. Sue the mother then. Don't be surprised if the judge disagrees. The definition of a gift is something given without requirement or offer. That sure sounds like what you did. I would suggest you talk to a local attorney, there may be a specific law or statute that could help your case. We can only give general answers to you questions and in general legal sense, you don't have a leg to stand on.