Family Law

Mississippi man finds out he is not biological father after 19 years of paying child support

By Robert M. Kisselburgh, Esq.

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.

Full post as published by Mississippi Family Law Blog on January 24, 2009 (boomark / email).