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Andre13

Child Support Judge Misconduct

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I was paying child support for a child that was not mine (took DNA test) and I finally was able to get the mother to file a petition to have the motion stopped.  When I went back to court the judge disregarded the motion and they continued to take money from me.  It was finally dropped.  I am trying to get the money back, are there any cases that I can read about to use in my fight?  Thanks

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You didn't identify a state or provide any information that would be useful in trying to provide guidance....were you and the mother married?  How was child support initially established in court?

I am in Illinois and we are not married.  The mother and I did live together at one time so I was taking care of the child.  After we broke up she filed for child support.  I later took the child to have a a DNA test done.

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Did you sign an acknowledgment of paternity at the time the child was born or was the court that declared you the father during the child support case?  It makes a difference.  If you signed an acknowledgement, you had 60 days to undo that or you're dad forever.  If the paternity was determined by the court, you can seek to "disestablish" it with a DNA test that shows you are not the father.  It wasn't up to the mother to petition to disestablish, you are the primary party in interest and could have and should have done it yourself.  Regardless, the child support already paid is not recoverable. 

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Did you sign an acknowledgment of paternity at the time the child was born or was the court that declared you the father during the child support case?  It makes a difference.  If you signed an acknowledgement, you had 60 days to undo that or you're dad forever.  If the paternity was determined by the court, you can seek to "disestablish" it with a DNA test that shows you are not the father.  It wasn't up to the mother to petition to disestablish, you are the primary party in interest and could have and should have done it yourself.  Regardless, the child support already paid is not recoverable. 

I saw paperwork in my case file that showed my signature was forged on the paternity acknowledgement, the court acknowledged that.  Lastly, so you are saying that in the history of child support cases, no one has never ever received already paid child support.

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There's no provision in your state's code allowing for a refund of child support paid before paternity is disestablished.  You had to know that the court was declaring you the legal father at the time it entered the child support order.  When you were served with paperwork indicating child support was being sought, THAT was the time to challenge and demand a DNA test.  The only case I'm aware of where a refund was sought was in CA and the court said no. 

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There's no provision in your state's code allowing for a refund of child support paid before paternity is disestablished.  You had to know that the court was declaring you the legal father at the time it entered the child support order.  When you were served with paperwork indicating child support was being sought, THAT was the time to challenge and demand a DNA test.  The only case I'm aware of where a refund was sought was in CA and the court said no. 

I would like to take this time to thank you for your quick response to my questions.  This service is absolutely wonderful and I will recommend it to everyone I know.  Have a great day!

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