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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
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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Have found out that my 10 year old daughter is not biologically

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have found out that my 10 year old daughter is not biologically mine by DNA test, I am on the birth certificate because the mother told me I was the father and has lied to me all these years. I have another daughter who is 8 with the mother who is mine biologically. I have paid child maintenance for the 2 children since they were born.
now I know the truth that I have been paying for 1 child that isn't mine can I sue the mother or stop all maintenance payments, as the last 10 years maintenance payments I have paid for the child that isn't mine will cover my biological daughter who is 8 year old until she is 18.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you pay under the terms of a Court Order or via the CSA?
What made you realise the child may not be yours?
Customer: replied 2 years ago.

I pay by mutual agreement directly into the mothers bank account and not through CSA or court order.

I had suspicions a few years ago but when the maternal grandmother mentioned recently how much the child did not look like me or resemble me or my family in any way at all I decided to do the DNA test.

All the children in my family have similar characteristics and you can tell they are related.

Can you prove that the mother must have known that the child is not yours?
Have you now stopped paying for the elder child?
Customer: replied 2 years ago.

I have not stopped paying for the elder child as yet. the mother does not know that I know the child is not mine at the moment.

I cannot prove that the mother knew that the child was not mine. but obviously she knew that there was a chance that I could not of been the father but decided that I was the best option for maintenance payments.

we had split up and went our separate ways then she contacted me and told me she was pregnant with my child, therefore I felt obliged to do the right thing and make a go of our relationship for the childs sake.

How much do you earn gross per annum and how much are you actually paying in Child Maintenance?
Customer: replied 2 years ago.
£18000 gross per annum and I pay £200 per month but the mother is insisting I increase the payment to £250 per month
There are two issues here
So far as the fact that you are NOT the father of the eldest child is concerned you can stop making the payments immediately. If your ex applies to the CMS (new CSA) you will have to pay for a further DNA test - but this is refunded when the child i snot yours.
However you can only successfully sue your ex for a refund of maintenance if you can show that your ex MUST have known that the child was not yours - which is hard to prove unless a Fertility Clinic is involved.
With regard to the amount you have overpaid in any event the difference between the payments for one child and that for two is 5% of your income - so not enough to carry you through until the youngest is 18 in any event.
The amount payable for the one child is 11% of your Gross income - less if you have the child overnight more than 52 nights a year
I hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.

I have both children every fortnight staying for 2 nights how would this change the CSA payments ?

also the overpayments that I have made how far would this get me in advance of the payments for the youngest ? how long would the overpayments cover me for until the youngest is at what age ?

That would reduce the payment by 1/7th - so payments will be in the region of £142 a month
I am sorry I should have been clear - the Overpayment can not be set against the future payments at all
Customer: replied 2 years ago.

thank you for your help. so basically all I can do is stop paying for the child that is not biologically mine. I still have to pay the mother money for the child that is mine and there is nothing I can do about the money the mother has had from me fraudulently ?

this seems very unfair on men which are tricked by women who obviously know what they are doing.

if the mother admits she knew there was a chance the child was not mine but decided to lie is there anything I can do then?

If the mother admits that she KNEW the child was not yours (not suspected, not wondered but KNEW) then you can sue her for damages.
In terms of "overpayment" it has cost you an unnecessary £6,000 over the last 10 years
Clare and other Family Law Specialists are ready to help you