Can I ask for compensation and return of the child support fee if I was deceived and raised a child
- Time:2021-10-01
- counter:2369
If the woman conceals the fact that the child actually has no parent-child relationship with the man, where the man actually performed the duty of support, it constitutes a fraudulent act of child support infringement, and the court may sustain the man's claim, requiring the return of the paid support fee, and compensate for the mental distress at the time of filing for divorce or after divorce.
When determining the amount of child support to be returned, the man shall bear the burden of proof for the payment of child support fee. If it is impossible for the plaintiff to provide the child support fee related evidence, such amount shall be determined according to the review of the following factors:
1. The actual needs of children, and the affordability of both men and women;
2. The economic income of both parties during the marriage;
3. The division result of common property during divorce;
4. The local actual living standard.