questions & answers

Question: MY HUSBAND HAD A PREVIOUS RELATIONSHIP WHERE A CHILD WAS BORN BUT THE GIRL SAID IT WASNT HIS IT WAS ANOTHER MANS AND HE HAS BEEN PAYING CHILD SUPPORT FOR THE CHILD BUT WE RECENTLY HAD A PATERNITY TEST DONE AND THE CHILD IS MY HUSBANDS CAN THE GUY THAT BEEN PAYING SUPPORT FOR THIS CHILD SUE US FOR THE CS HE HAS BEEN PAYING OR WOULD THIS BE AGIANST THE MOTHER SINCE SHE NAMED THE FATHER? WE HAVE SEEN THIS CHILD ON A REGULAR BASIS. WHAT CAN WE DO ABOUT THIS???

Answer:

You may want to review A.R.S. § 25-503(F). Section F of this statute states that if the court finds that a man who has been ordered to pay child support is not actually the biological father of the child, the court will order that he is not responsible for any future child support. (Although he may still be responsible for any arrearages). If the court finds it to be in the best interests of the child, the court may order the biological father to pay back the man who was presumed to be the father for child support already paid.

If you decide you want to speak with an attorney to figure out how the law applies to your specific situation, you can review the article on this site titled, "Where to Find an Attorney for Specific Legal Advice."