The consultation started like most others do for a family
law case. The court system was unjust, my ex-wife lied to the court, the judge
hated me… But then, we moved on to the real reason why he was sitting across
the table from me: he paid child support for 18 years for a child that wasn’t
his. Just like Kanye West rapped in Gold Digger.
Apparently, his wife (and later his child), knew for years
that someone else was the child’s father, but no one told him. After the divorce,
when the wife and child fell on hard times, the child left and moved in with
him. But when the relationship between him and the child broke down, the child
decided to spill the secret, which the child had known for the better part of a
decade.
He had already taken the first steps, going to court and
getting the ex-wife to admit that the child wasn’t his and ending his child
support. So why was he here? He wanted to know if he could sue his ex-wife for
paternity fraud. Normally, a court will not direct the refund of an overpayment
of child support, but this was a completely different situation.
Unfortunately, New York hasn’t tackled these situations and
laid down a clear answer as to what to do in these situations. These cases are
growing in frequency and will likely be coming up for judicial review soon. In
my case, the ex-wife is now on public assistance and even if we won the case
against her for fraud, the collection of that money would be nearly impossible.
The prospective client wisely decided not to spend more money on attorneys for
such a pyrrhic victory. But soon it will be time for someone to take that
journey and test the issue in New York courts.
