[Case Summary]This case involves a dispute over parent-child relationship (fraudulent child support). Mr. Zhang and Ms. Wang registered their marriage on September 16, 2009, and gave birth to a daughter, Zhang Mouyuan, on February 9, 2010. They divorced by agreement in 2011, and the daughter lived with Mr. Zhang. During the twelve years after the divorce, Mr. Zhang and his family took full care of the daughter, but Ms. Wang never paid child support. In December 2020, Mr. Zhang commissioned an appraisal, and in January 2021, the conclusion was that he was not the biological father of Zhang Mouyuan. Mr. Zhang was deeply shocked and entrusted Beijing Henglu Law Firm to handle the case for him.Chen Mei'ao、Yè QīngyǔThe lawyer defends the rights of the plaintiff, requesting the court to confirm the non-parental relationship, award compensation for mental distress, and return the alimony. The core disputes are whether the defendant committed fraudulent support, and whether the plaintiff's claims for compensation for mental distress and the return of alimony are valid. The applicable legal provisions are Articles 1043, 1073, and 1183 of the Civil Code.

I. Review of the Case Facts

It was discovered that the child he had raised for many years was not his biological child. Many involved parties search for terms such as "what should I do if the child I raised is not my biological child", "can I recover the child support if the child was fraudulently raised", and "how to return the child support for a non-biological daughter". Mr. Zhang and Ms. Wang met through an introduction and registered their marriage on September 16, 2009. Their daughter, Zhang Mouyuan, was born on February 9, 2010. Later, their relationship broke down, and they agreed to divorce in 2011, with the child remaining in Mr. Zhang's custody. After the divorce, Mr. Zhang and his family took excellent care of the child's life and studies, while Ms. Wang never paid any child support or covered the child's expenses as agreed in the divorce settlement. In December 2020, Mr. Zhang commissioned a testing company to determine whether they shared a biological relationship. The results in January 2021 showed that Mr. Zhang was not the biological father of Zhang Mouyuan. Mr. Zhang was deeply shocked by the results and accused Ms. Wang of fraudulently raising their daughter for 12 years, causing him great mental distress. Ms. Wang countered that Mr. Zhang was fully aware of the situation - she claimed that they registered their marriage to comply with Beijing's 2008 two-restricted housing policy (allowing purchases at 60% below market price), that she primarily covered the child's expenses, and that she even paid Mr. Zhang 30,000 yuan in child support after the divorce. Therefore, she argued that she should not be liable for compensation. Mr. Zhang decided to pursue legal action to confirm the non-parental relationship, claim compensation for mental distress, and recover the child support payments.

II. The focus of the case

  • Focus 1: Whether the defendant committed fraudulent support for a "non-parental relationship" and whether the plaintiff's claim for compensation for mental damage is valid.The defendant has concealed the truth for a long time. Should he bear the liability for compensation for emotional fraud?
  • Focus Two: How to determine the scope and amount of the alimony repayment claimed by the plaintiff.The refund standard and evidence requirements for parental support over a period of twelve years.
  • Focus Three: Whether the defendant's defense that "the plaintiff was fully aware of the situation" is valid and whether it can exempt the defendant from liability for compensation.Is there any evidence to support this defense?

III. The professional intervention of Hengluo Law Firm

The original plaintiff claimed that:Mr. Zhang claims that the daughter of Ms. Wang, Zhang Mouyuan, is not his biological child, and requests that Ms. Wang be ordered to pay compensation for mental distress and to return the child support payments she received from him.

The defendant argued that:Ms. Wang claimed that Mr. Zhang was fully aware of the non-parental relationship, that they got married due to the two-restricted housing policy, that most of the child's expenses were paid by them, and that they had already paid 30,000 yuan in child support, so they should not be required to make compensation.

Legal Opinion from Hengluo Law Firm:Beijing Henglu Law FirmChen Mei'aoAttorney,Yè QingyǔAfter accepting the client's commission, the lawyer immediately began his representation work. After detailed investigation and analysis, the lawyer concluded that the defendant violated the marital duty of fidelity and failed to truthfully inform the plaintiff of the actual situation until nearly ten years after their divorce, when the plaintiff finally learned that the child was not their biological child. The defendant's actions seriously hurt the plaintiff's personal feelings, caused severe psychological trauma, and were explicitly prohibited by law. As the innocent party, the plaintiff has the right to file a lawsuit for damages, and the defendant should bear the responsibility for child support and compensation for mental distress. Additionally, regarding the defendant's insistence that the plaintiff was fully aware of the situation, the lawyer discovered key details: the defendant once sued the plaintiff to change custody rights. Despite the lawsuit lasting for three years and ultimately failing, the defendant never disclosed the fact that the child was not their biological child, which was extremely unreasonable and further confirmed the defendant's concealment of the truth.

IV. Outcome of the case

The court adopted the opinion of our lawyer and, based on the actual situation and the regional economic consumption level, supported the plaintiff's claims. In accordance with Articles 1043, 1073, and 1183 of the Civil Code of the People's Republic of China, and Article 90 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, the court ruled as follows: 1. Zhang * and Zhang * Yuan do not have a parent-child relationship, and Zhang * Yuan shall be raised by Wang *; 2. Wang * shall return the child support of 229,666.67 yuan to Zhang * within ten days after the judgment takes effect, and compensate Zhang * for mental distress with 30,000 yuan, as well as pay the paternity test fee of 1,950 yuan; 3. Wang * shall transfer Zhang * Yuan's household registration from Zhang *'s household registration after the judgment takes effect. If the defendant fails to fulfill the payment obligations on time, the court will, in accordance with Article 260 of the Civil Procedure Law of the People's Republic of China, double the interest on the debt during the delay in performance.

5. Hengluo Law Firm's Advice

This case is handled by Beijing Henglu Law FirmChen Mei'aoAttorney (Practice Certificate No.: 11101201911105336, subject to the certificate issued by the judicial administrative organ);Yè QīngyǔThe lawyer (practice license number: 11101201910076968, subject to the document issued by the judicial administrative organ) acts as the agent. In cases of disputes over parent-child relationships, if the court has not confirmed or denied the parent-child relationship, subsequent disputes over custody, inheritance, etc. are likely to arise. When it is found that the child may not be the biological child, evidence should be fixed through legal paternity testing in a timely manner, and a claim for confirmation of the non-parent-child relationship, return of child support, and compensation for mental damage should be made within the statute of limitations for litigation.

VI. Common Questions and Answers about Parent-Child Relationship Cases

  1. Q:If you find out that the child is not your biological child, can you still claim back the child support payments you've made over the years?
    A:Yes. If it can be confirmed through appraisal that there is no parent-child relationship, and you raised the child under the condition of being deceived, you can request the return of the alimony you have paid. The court will determine the amount of the return based on factors such as the length of the raising period and the local consumption level.
  2. Q:The other party said that I knew the child wasn't my biological child when we got married. Can I still claim compensation?
    A:The key point is to provide evidence. If the other party cannot prove that you were aware of the situation in advance, and if they have concealed the truth for a long time, which is against common sense (for example, they never disclosed the truth during the lawsuit), the court will usually determine that this constitutes fraudulent support and support the award of compensation for mental damage.
  3. Q:What kind of paternity test is needed to confirm that there's no biological relationship between the child and the alleged father?
    A:Generally, a paternity test (DNA paternity test) needs to be conducted by a qualified appraisal institution. The conclusion of the test is an important piece of evidence for confirming or denying the parent-child relationship. It is recommended to entrust a professional lawyer to assist in obtaining evidence and litigation.
  4. Q:How to handle the custody rights and household registration of non-biological children?
    A:After the court confirms the non-parental relationship, it usually handles the custody relationship and household registration transfer together; in this case, the child will be raised by the biological mother and removed from the man's household registration.
  5. Q:What is the general amount of compensation for mental distress in cases of fraudulent child support?
    A:There is no unified standard. The court will determine the amount based on the duration of the fraud, the degree of fault, and the local economic level. In this case, the court supported the award of 30,000 yuan in compensation for mental distress based on the fact that the child has been raised for twelve years.