Re the Amber Frey news story linked below , I thought (mistakenly apparently) that if it was generally held that if a man was identified as “Daddy”, agreed to, or otherwise complied with this designation, and started paying child support nothing short of an act of God could rescind that requirement, *even if * he was later discovered not to be the child’s bio-father.
1: Why is this scenario different where they are allowing him to terminate child support? Have the laws changed in the last 5-10 years on this issue?
2: Assuming he’s paid over $ 10,000 or so to date in unjustified CS, who does he turn to for being made whole and have already paid CS monies restored to him, the State, Amber Frey or the (now identified bio-dad, or is he SOL on that issue?
If (generic)you’re married to the other party, you are automatically presumed father - even if you’ve been separated for years. You would have to obtain a court order formally denying paternity. If y ou’re not married and you sign a recognition of parentage/are adjudicated father you again would have to obtain a court order denying paternity. Once blood tests are completed in either scenario you would have to request the court to stop support based on results.
Depend on the situation. I’ve had cases where the person paying support was proven not to be the biodad, but had been in the child’s life for a long time and was (for all involved) considered Dad. The true biodad was unknown. Dad agreed to continue to pay support at a lesser amount. I’ve also had cases where Mom had to pay presumed, but not biodad, back. Usually, if the Mom has been on public assistance (thereby assigning support to the state), the state will remove those arrears. A lot of it depends on the situation - if Dad waits until the kid is 15? Not so forgiving.