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Nicola-mod
Nicola-mod, Moderator
Category: Family Law
Satisfied Customers: 21
Experience:  Moderator
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Can court refund child support money paid before the DNA proved

Customer Question

Can court refund child support money paid before the DNA proved that i am not the father of a child or can court ordered the mother of the child to refund the money paid to her through child support before DNA proved i am not d father of the child.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first.
Were the payments made via the Court of the CSA; were you named on the birth certificate and at what stage was the DNA test ordered?
Claire
Customer: replied 4 years ago.

My name was name in the birth certificate in october last year ,d the child was born on january lasy year. The payment was not made via court to CSA, the payment was made directly to CSA by me. DNA test was ordered by court in April this year.


 


 


Regards,


 


 


Tony


 


 

Expert:  Clare replied 4 years ago.
Hi
So you were there when the child was Registered is that correct?
Claire
Customer: replied 4 years ago.

Yes i was there, but there DNA prove that i am not father of the child.

Customer: replied 4 years ago.

Yes, i was there when it was registered, but it was registered when the child was eight month old, before then i was paying child support.

Expert:  Clare replied 4 years ago.
Hi
Why did you not ask for a DNA test earlier?
Claire
Customer: replied 4 years ago.

She made me to believe that the child was mine initially, but when i asked her for DNA test she decline, that was when i was in doubt that the child was mine and that make me to go to court for court to order her to do the test. Also i did not know that a woman start counting when she was pregnant the last time she sees her period and not the last time she had sex. I was convince by the woman to believe that the child was mine.

Expert:  Clare replied 4 years ago.
Hi
The money that you paid to the CSA cannot be recovered as you did not challenge the parentage when the assessment was made.
You can try and sue her for the money that was paid to her prior to the CSA assessment - but this will only be effective IF you can prove beyond reasonable doubt that she MUST have known that the child was not yours then you may be successful - but there is no guarantee I am afraid
I hope that this is of assistance - please ask if you need further details
Claire
Expert:  Nicola-mod replied 4 years ago.
Hello,

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Thank you,
Nicola