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Is a Child Support Refund Possible?

Aug 14, 2019

Perhaps you’ve spent months or even years paying child support — and you now have reason to believe that the child isn’t yours. This can be an emotionally trying time, and you’ll likely be angry about all the money you’ve paid for child support. 

Here in Tucker and throughout Atlanta, The Fairell Firm can help. Our team of family law attorneys has experience with everything from divorce to child custody and child support laws in Georgia. We frequently field questions from prospective clients, such as this one from Alton: 

I am paying child support, but I have never done a DNA test. I have doubts that the child is mine. What do I need to do? And if I find out that he isn’t my child, do I get a refund of all the child support that I have paid? —Alton G.

In today’s blog and video, we’re going to answer this question and let you know why you should work with a family law attorney in the event that the child isn’t yours. If you’re ready to schedule an initial consultation, then contact The Fairell Firm today to get started with a family law attorney.

It’s Possible to Pay Child Support Without a DNA Test

First, it’s important to establish that it is actually possible to pay child support without a DNA test. Many fathers get to this part in the process and wonder how they’ve even gotten this far in the legal system without establishing paternity. 

If the support action was filed through child support services, then the dad is usually given the option to complete a DNA test for a reduced rate. If the dad does not do so, then there is no requirement to actually complete a DNA test. Therefore, if you and the courts believe the child is your offspring, then the situation will be treated as such.

Establish Paternity

If you don’t establish paternity at the beginning but wish to do so later, then you can file a petition. This petition will be to establish paternity and request a court-ordered DNA test. This is closely related to legitimation, which you can read about in our blog post “ Why Legitimation Is Necessary For Your Rights .”

However, any family law attorney will make this next fact abundantly clear: even if you immediately find out you’re not the father of the child, your child support order isn’t void. 

The Child Isn’t Mine — What Next?

So, in the event that the child is not yours, you will need to file an action to terminate the child support order . As stated above, establishing that you’re not the father isn’t enough to immediately terminate your standing child support order. You must file an action — and we recommend you do so with the help of a family law attorney who has experience with child support laws.

Tip: It’s essential that you act fast, so you don’t end up paying more child support unnecessarily.

Work With a Family Law Attorney in Atlanta Today

Here at The Fairell Firm, our team of child support lawyers and family law attorneys is conveniently located in Tucker and helps clients throughout the Atlanta area. Whether you’re just getting started with the divorce process, you’re revisiting your child support order, or you have another family law question, our family law lawyers can help. Each of our family law attorneys is qualified, experienced, and passionate about helping families progress to the next necessary step. Contact The Fairell Firm today to get started with an initial consultation and to work with a child support attorney who will be committed to your case.

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