Totally theoretical Question

[Mrs_Pegasus]

A husband and wife have a child but at a later date split up.  The husband pays maintenance for the child.  Just say years later he discovers the child is not his.

Can he make a claim against the wife?  Has any offence been committed?

[Oneeyedvic]

Purely a guess - but I am fairly sure that a claim can be made against the wife. An offense may have been commited (depending on if the wife knew).

I know that payments are not paid when the child is a step child, so the time spent with the child would be irrelevant. Payments are only made in 'normal' births and adoption.

[Loosehead]

Yes he can claim the money back, in theory! but in practise unlikely to get anything unless the woman concerned is suddenly endowed with the previously absent Honour. The true father can of course be persued by the mother and/or the CSA but that won't help the guy who paid maintenance.

[rarll]

if a DNA test has proven that the child isn't his, and the CSA was the agency used for the collection of any child support, then yes the money would be refunded.

My wife has worked for the CSA for a number of years and tells me this is more common than people think.

[woofgang]

but how horrible for the child

[ursula62]

I doubt you can claim. I believe that under English law, any child born during the marriage is automatically classed as the offspring of the husband, whether or not he is the physical father of the child.

[twiglet4frog]

1 in 25 men are bringing up kids that arent theres without knowing it! thats the survey they carried out last week apparently!

My neighbour is one of them and he dont know it yet either!