What can we do if we are being sued for back child support? 1 Answers as of May 06, 2011The mother of my stepson falsely swabbed her older child (not the same father) in order for the DNA test to come back negative. We did an at home DNA test, with the consent of her lawyer, during our custody battle to settle the matter faster. We have proof, and a new DNA test from the court confirming that she swabbed herself; her older child, and my husband swabbed himself with a witness. She is now suing for back child support because she needs the money. We were under the impression because of what she did he was not my husband's child, and therefore the case was dropped with her attorney. Can she be held liable for this? It seems awfully wrong that she can do this and get away with it, now we don't even know the child, and may owe thousands of dollars for back support. What can be done?
John E. Kirchner, Attorney at Law | John Kirchner
If there was never a court order deciding whether or not your husband is the child's father, then nothing has been decided. That means, of course, that the mother can TRY to recover back child support as well as future child support. But, "suing" is not the same as "winning", so if he is definitely not the father, and there has never been any judicial finding that he is the father, your husband should be able to avoid paying any old or new child support. You need to consult an attorney to help sort out the actual facts and properly present that information in your husband's defense.
Answer Applies to: Colorado