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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34902
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have been paying child support for 18 years to my ex wife

Customer Question

I have been paying child support for 18 years to my ex wife and have recently found that I am NOT the child's father..... Can I reclaim?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Were you married at the time the child was born?
Did you have any reason at that time to doubt that you were the father?
Could your ex have been certain that you were not?
Customer: replied 3 years ago.

yes we were married at the time

No, I am in the forces and away a lot

I do not know

Expert:  Clare replied 3 years ago.
Then I am afraid that no you cannot reclaim the monies paid.
Since you were married at the time the child was born 9or you were named on the Birth Certificate and married afterwards) there is a legal presumption that you are the father and accordingly you were liable for the child maintenance
If you had clear evidence that she knew beyond ALL doubt (whether reasonable or not) that the child was not yours AND you had a great deal of time and money to try a test case on what is likely to be a lost cause (with the attendant publicity) then you could try - but it would be a very very forlorn hope.
If the financial side of the divorce remains unresolved then you could raise it as an issue there
Please ask if you need further details