No Child Support Reimbursement Even if You're Not the Dad
Friday / June 22, 2007
A
California court denied a man's request for
reimbursement of child support after genetic tests
proved he was not the child's father.
A recent California child support case
shows the dangers of delay in contesting
paternity and highlights a state law that
prohibits reimbursement of child support paid
even after genetic testing shows that a man is
not the father.
In 1992, a sailor serving in the Persian Gulf received notification from the Navy that a woman was seeking child support from him. The man denied paternity. The Navy told the mother that to obtain child support, she and the man would be required to undergo genetic testing. The man even offered to pay for testing, but the mother never followed through. Instead, she obtained child support from Los Angeles County.
Because Los Angeles County paid child support to the mother, the county sued the man in 1994 to establish paternity and recoup child support the county had paid out and would be paying. The man did not respond, so in 1996 the county obtained a child support order for $121 per month. The man began paying child support but continued to deny his paternity. In 1997, the man moved the court to set aside the 1996 judgment for lack of service of process, but his request was denied.
Finally, in 2001, genetic testing took place. The testing ruled out the man as the father. The man then moved the court to require the county to reimburse him for the child support he had paid. The court denied that request. Eventually, in 2006, the man filed another request for reimbursement. That court denied that request, too.
The bottom line: When a man finds out he has been named as a father, if he is going to contest paternity, he had better do it then. Even if a man later succeeds in contesting paternity, he probably won't be reimbursed for the child support he has paid. This is certainly true in California. In fact, California Family Code section 7648.4 specifically says that a "previously established father has no right of reimbursement for any amount of support paid" even if he later gets a paternity finding set aside.
In 1992, a sailor serving in the Persian Gulf received notification from the Navy that a woman was seeking child support from him. The man denied paternity. The Navy told the mother that to obtain child support, she and the man would be required to undergo genetic testing. The man even offered to pay for testing, but the mother never followed through. Instead, she obtained child support from Los Angeles County.
Because Los Angeles County paid child support to the mother, the county sued the man in 1994 to establish paternity and recoup child support the county had paid out and would be paying. The man did not respond, so in 1996 the county obtained a child support order for $121 per month. The man began paying child support but continued to deny his paternity. In 1997, the man moved the court to set aside the 1996 judgment for lack of service of process, but his request was denied.
Finally, in 2001, genetic testing took place. The testing ruled out the man as the father. The man then moved the court to require the county to reimburse him for the child support he had paid. The court denied that request. Eventually, in 2006, the man filed another request for reimbursement. That court denied that request, too.
The bottom line: When a man finds out he has been named as a father, if he is going to contest paternity, he had better do it then. Even if a man later succeeds in contesting paternity, he probably won't be reimbursed for the child support he has paid. This is certainly true in California. In fact, California Family Code section 7648.4 specifically says that a "previously established father has no right of reimbursement for any amount of support paid" even if he later gets a paternity finding set aside.
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