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VIC Mother Lied About My Paternity - Fraud Under Family Law?

Discussion in 'Family Law Forum' started by Erynn, 18 April 2016.

  1. Erynn

    Erynn Member

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    Hi,

    Just wondering out of curiosity. As I know it's not exactly a common case to be dealt with.

    In later months of 2015, I demanded paternity testing be done between myself and my "step-father" after he let slip I could possibly be his. Results showing he is my biological father, I was the product of an affair. My mother proceeded to lie to everyone including her ex-husband who was listed as my father on my birth certificate.

    I was raised thinking he was my father. He also paid child support for me. She manipulated my entire life causing lasting damages emotionally and psychologically. This has affected my personal life, my marriage, my job...all while she travels overseas and lives a life of luxury without any concern of the damage she has left behind (including my dad, his wife, my younger siblings.. who are not related to me now), my husband, my now half brother and my own children and the devastation.

    She claims she knew there was a "slight chance" but felt in her heart of hearts I was her first husbands (she left him when I was 18 months old after making him out to be an abusive controlling alcoholic). Unfortunately for her, there is proof to suggest otherwise, that she knew in fact whose I was and continued to fabricate her lies to protect her own image.

    She also tampered with the redirection of dna testing results to prevent me receiving them.

    Any thoughts on this? She has taken people for money, she has been fraudulent with government agencies ( Child Support Agency) and continues to say I have destroyed all these lives... for wanting to know who I am.
     
  2. sammy01

    sammy01 Well-Known Member

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    So I'm guessing you're over 18? Look I think your dad (non-biological dad) could have a claim against her for the falsely procured child support money. But is it worth his while pursuing it? Probably not.
     
  3. Erynn

    Erynn Member

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    I'm 28. There would be potentially 30,000 in child support over my childhood. That's child support alone, not the damages caused more recently.
     
  4. sammy01

    sammy01 Well-Known Member

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    Look I don't really have any suggestions about you personally but your non-biological dad might have a claim but he would need to speak to a solicitor...
     
  5. AllForHer

    AllForHer Well-Known Member

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    For you, personally, there are no real legal avenues here, in neither family law and likely not torts law, but I would suggest counselling.

    For your father, that is, the man you believed to be your father, he may have a case for reclaiming the child support paid on fraudulent claims that you were his child. I would suggest he get legal advice about this. He would probably be able to claim interest on top of what he has paid and potentially legal costs as well.
     
    Erynn likes this.

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