Legal Question in Family Law in Virginia

I had a child when I was 16 with a 21 year old man. We got married when I was 8 months pregnant and two months later I found out he had another wife. He divorced her and we got REmarried in November 2005. We split up in 2006 but weren't officially divorced until 2010. This year during visitation with our son he did a DNA test and said he is not his father. I filed for child support and he has paid 3 months worth. Am I going to have to pay back the child support he paid to me?

Asked on 8/27/12, 6:00 pm

1 Answer from Attorneys

Robert Beard Attorney at Law

Did you see the results of the DNA test? Was it court ordered? Has the court entered an order disestablishing paternity?

If not, he may still be liable for support.

In any event, you should not have to pay back any child support. Please see a lawyer soon. At least check with clerk of the court that entered the support order to see what the current situation is.

Good luck.

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Answered on 8/27/12, 6:11 pm

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