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I have child support mistaken identity

How can I probe it? I all ready give my SSN, everthing that is on my hands to prove it.
Definitely I'm not the father, even I don't know by who is the "mother". Why do I have to give money $upport, this is unfair, could someone help me??

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Attorney answers (1)

Reputation Level 15
There are limitations to answering your question due to the lack of information in the question posed. Most importantly, it is unclear if you are stating that a Child Support Order has already been issued against you, or if you are in the process of fighting the order. This distinction is important in determining how you should proceed in fighting this.

The most basic defense to being made to support a child is showing that you are not a person who owes a duty of support of that child under OCGA 19-7-2. In other words, if you are not the other parent of the child, and can show that, then you should be able to defend against an order of support.

Who IS the "parent" of a child? A man is considered the legal father of a child in the following circumstances:
- He is married to the mother at the time the child is born.
- He is married to the mother at the time the child is conceived (within the nine months preceding the child's birth).
- He legitimizes the child at the time of the child's birth,
- He legitimizes the child subsequent to the child's birth.
- He is legally determined to be the father following a Paternity action.

The "husband" can refute being the father of a child born in or close to marriage.

To refute paternity in an active case to establish support, you can show a medical impossibility of paternity (ie, dna results), lack of sexual access to the mother at the time of conception, proof of paternity lying in another individual, or other relevant evidence. Successfully refute paternity should clear you of liability for support of the child. If, however, an order for support has already been established, there are other steps that will be required. (For instances, there are certain implications to how to proceed based on when the order was established.)

I would HIGHLY suggest you consult with an attorney! You will need to present the details of your case to an attorney in order to get a truly useful answer to your issue.

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