QUESTION
Can my ex request to terminate medical and financial support of my child?
Asked on May 12th, 2011 on Child Custody - Minnesota
More details to this question:
My ex-husband just proved by DNA testing in Nov 2009, that he is not the biological father after almost 10 years. He already had prior knowledge at 28 weeks of pregnancy, now he is remarried and wants all his rights terminated including the medical and financial support, the order is also requesting that he be reimbursed for the support already paid. Can he do this? What are my options?
7 ANSWERS
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Clearly he can request to be relieved of any further legal obligations. Whether a court will grant his request will depend on a number of factors, including the specific statutory provisions governing when a valid challenge will be accepted. You need to consult an attorney to determine what your options are and what the likely results of the court proceeding will be.
Answered on May 18th, 2011 at 12:01 PM
Theodore W. Robinson
Yes, he can stop all child support and everything else at this time because he is not the father of the child and he never adopted the child. As for whether he can get the money he's already paid for child support, that is unlikely. As for prior knowledge of the parentage of the child, that is not a waiver. Of course, his new wife is causing all this to happen. Why not? She is now his spouse and she wants to start her own family and have enough funds to support them. Your option might be to find the actual father and sue him for support.
Answered on May 16th, 2011 at 11:02 AM
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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Well, the first thing to ask is whether he is the legal father? Was this child born during your marriage to him? Is he on the birth certificate? If so, he is the legal father and will probably not be able to get out of paying child support; I have never heard of a case of reimbursement for child support paid in the past. If he knew he was not the bio father long ago, I believe the doctrine of laches attaches to him which means he waited too long to raise the issue. This is the best I can do with the information provided.
Answered on May 16th, 2011 at 10:59 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Get an attorney to fight this. Many give a free consultation. Whether you were married or not may matter a great deal.good luck.
Answered on May 16th, 2011 at 9:46 AM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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In Washington State, it is likely your ex-husband is considered the presumed father of the child if the child was born during the marriage and given the passing of time involved. Thus, his obligation continues.
Answered on May 16th, 2011 at 9:38 AM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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He can ask, but he won't likely get it this long after the birth of the child. However, if he has filed a court action, you need to respond to it and deal with it.
Answered on May 16th, 2011 at 9:13 AM
Criminal Defense Attorney serving Monticello, MN
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Smith, Paulson, O'Donnell & Erickson, PLC
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In Minnesota, he would have to have brought that action within three years of the child's birth.
Answered on May 16th, 2011 at 9:01 AM