Before You Tell Him He’s The Daddy….
Authored By: Iowa Legal Aid
A recent Iowa Supreme Court case said a man could bring a law suit in the following situation:
1) A mother of a child tells the man he is the father, AND
2) She knows, or has reason to believe, that he isn’t the father, AND
3) She accepts voluntary payments of child support from that man.
This kind of case is called Paternity Fraud. So, if a mother knows that a man is not (or even may not be) the father but she accepts voluntary child support from him, she can be taken to court. If she loses, she might have to pay the money back and even pay for other costs associated with the case.
Paternity Fraud does not apply to cases where there is court-ordered child support. If a man, who has been paying court-ordered child support payments, proves that he is not the father, the law will only stop future payments.
To avoid problems, it is best to be sure before naming someone as the father of your child. If you’re not sure and you get money from him to support that child, you could be forced into court and financial hardship.
Last review 8/13/12