In the majority of child support cases, the central issue is the amount of financial support that a custodial parent is entitled to receive from the non-custodial parent. These cases are often very simply dealt with by the Texas family court system, as the right to receive financial support for shared children is firmly established in state law. In some cases, however, the matter is more complex, and child support claims can turn into accusations of fraud.
This is the case for a man and woman who are now taking their child support battle back to court, although not in the traditional light. The new lawsuit is directed at the child's mother, and claims that she defrauded her ex out of thousands of dollars in child support that he should never have been asked to pay. This claim is based on the fact that the child in question is not his biological offspring, a matter that has been determined through DNA testing.
The couple went to court some time ago to determine the proper level of child support that the man should pay to the child's mother. He made those payments, up until the mother recently decided to marry and move for her new husband to adopt her child. The DNA test played a role in that process, which led to the paternity determination. The man now wants the money he has paid toward child support returned to him, and is asking a court to rule on the matter.
This case serves as a cautionary tale to fathers in Texas and elsewhere. While questioning the paternity of one's children is a difficult and emotional prospect, there are many cases in which a child does not belong to the husband or boyfriend of the mother. In such cases, child support orders are not always appropriate, and men who have been deceived in this manner are entitled to pursue restitution for money paid under a fraudulent claim for child support.
Source: kmov.com, "Lawsuit: Man pays thousands in child support, finds out child's not his," July 31, 2013