Asked in Family Law and Child Support for South Carolina

Q: After years of paying child support, founding out the child is not the father's.Can a judge order mother to repay?

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1 Lawyer Answer

Cheryl Ann Truesdale

Answered
  • Greenville, SC
  • Licensed in South Carolina

A: No. The time to find out whether you were the biological father was at the initial child support hearing. The court cannot order someone to pay child support unless paternity is established. That can be done by the alleged father admitting to the judge that he is the biological father or it can be done through DNA testing, but the DNA test must be requested at the initial child support hearing. If you were court ordered to pay child support and did not request a DNA test at that hearing, you cannot now challenge the paternity finding and, therefore, cannot seek repayment of child support from the mother.

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