Mississippi man finds out he is not biological father after 19 years of paying child support
Father claims fraud and wants child support money back--Court says no.
A Mississippi man who paid child support for 19 years found out he was not the biological father and wanted his money back. In this case out of Sunflower County, Mississippi, the man and woman had a relationship during which time the woman gave birth to a son. Shortly after the child was born, the relationship soured and the couple split. One month later, the woman executed an affidavit naming the man as the father of the child. The Mississippi Department of Human Services (DHS) contacted the father and he agreed to voluntarily pay child support.
Almost 20 years later, a friend suggested that he was not the father, so the man petitioned the court for DNA testing which showed he was not the biological father of the child. He filed a petition to terminate child support as well as claimed a refund for the amounts paid. The chancellor granted both. DHS and the mother appealed.
In a December 2008 decision, the Mississippi Court of Appeals reversed the Chancellor's reimbursement of child support. The Court noted the general rule is "child support is for the benefit of the child and past-due child support payments cannot be modified or forgiven by any court because the parent's obligation of child support vests in the child when the payment becomes due." The only remedy is to sue the biological father or mother showing fraud. In this case, fraud was alleged, but not proven.
The man testified he had suspicions early on that the child was not his child. When DHS originally contacted him about child support following the child's birth, he told DHS he did not think he was the father. DHS told him that if he disputed paternity, he could request DNA testing. He chose not to. That proved a costly mistake.
At first blush, this case makes you scream about the unfairness given the man paid child support for 19 years and he was not the biological father. However, the man had ample opportunities to determine whether he was the biological father. DNA testing is relatively inexpensive. It sure would have cost at lot less than the over $23,000.00 paid in child support as well as the heartache for the child who never did get to know his own biological father. If you are faced with a paternity issues, contact the Kisselburgh Law Firm to discuss your rights.
