Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I am a father of two estranged children living with their mother. I’m being hit very hard with child support, recently I ran into my ex’s old best friend (they are no longer on speaking terms) and she said to me that my son is not actually mine (I have always suspected but never raised the matter.) If I have a dna test done and it shows that I am not his father, will I have to continue paying child support? Would she have to repay what I have paid in? I signed the birth certificate thinking he is mine, and he is now 8 years old, does this make a difference?”
Question: Your voluntary declaration of paternity is going to work a mischief on you, especially after eight years. Though you will want to check it out with a local attorney, there may now be such a strong presumption that you are your child’s father, that you will not be able to reopen this aspect of your case for a determination that you are not your son’s father. And if you did, and are “successful” your ex will most likely never need to pay back any support that you have previously paid.
