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June 03, 2008

New paternity test decision

Last week the Maryland Court of Special Appeals issued an opinion in a paternity/child support case.  In this case, the former husband was found to not be the father of a child born when he was married to his former wife, and is still on the hook for child support.  Probably sounds bit unfair, doesn't it?  In this case, however, the husband probably had known that the child was not his since the time of conception.  He had had a vasectomy and had several conversations about her parentage during the course of the marriage.  When the child was born, the wife's lover even executed papers to agree to terminate his parental rights.  Later, the husband asserted paternity and sought custody during the parties' divorce, and entered into an agreement for child support.   The Court held that the man could not now, after 13 years, seek to avoid his child support obligation after being silent about paternity for so many years.  It makes me wonder what the court would do with a more sympathetic case where the husband was deceived into believing he was the father.  Please comment below.

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A fool and his money are soon parted.

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