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Can i Sue For Paternity Fraud in California to Get Child Support Payments Back?

Can i Sue For Paternity Fraud in California to Get Child Support Payments Back?

Q: What to do when your child is being kept from you?

If your child is being kept from you, start by discussing the situation with your ex to understand their reasons. If necessary, seek legal advice and consider filing for a court order to establish visitation rights. Keep records of any communication and incidents that demonstrate the denial of access.

Q: Can my ex legally keep my child from me?

Generally, your ex cannot legally keep your child from you if you have established custody or visitation rights. If your ex is denying you access, you may need to take legal action to enforce your rights. Consult with a family law attorney to explore your options.

Q: What rights do I have if my wife cheated on me?

If your wife cheated on you, your rights depend on your state's laws regarding divorce and marital property. Infidelity may impact divorce proceedings, including asset division and custody arrangements. Consult a family law attorney to understand how this may affect your specific situation.

Q: What to do when your ex takes your kids?

If your ex takes your kids without your consent, first try to resolve the situation amicably. If that doesn't work, you may need to seek legal help immediately. Filing for custody or a temporary restraining order may be necessary to ensure the child's return and protect your parental rights.

Full question:

What recourse do I have if I just found out after 18 years that my ex-wife cheated and lied about me being my childs father? She did know the whole time, she just told me so. We divorced after the child was nine years old and I paid all my child support, is there any way to recoupe that? Or have her charged with fraud, either with law enforcement or a child support agency?

Category: Paternity
Subcategory: Child Support
Date: 04/07/2025
State: California

Answer:

Courts are divided on the issue of paternity fraud. It will be a matter of subjective determination for the court based on all the facts involved. A paternity action for the purpose of declaring the nonexistence of the presumed father and child relationship may be brought within a reasonable time after obtaining knowledge of relevant facts.

For further discussion, please see:

http://www.angelfire.com/fl5/paternityfraud/california.html
http://www.washingtontimes.com/news/2005/jan/15/20050115-115942-7925r/
http://fathersforlife.org/fatherhood/paternity.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What to do if your ex is keeping your child from you?

If your ex is keeping your child from you, first try to communicate directly to resolve the issue. If that fails, you may need to file a petition for custody or visitation in family court. Document any instances of denial of access to support your case. Courts typically favor the child's best interests and may enforce visitation rights if granted.