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Child support and its not your child

 
 
Reply Sat 4 Mar, 2006 02:46 am
Hello all:

I'm doing some legal research on child support and maintenance - specifically when one parent (father) finds out that the child he is supporting after the divorce is actually not his child - he is not the biological father. Belief that he was the father was a major factor in proeprty settlment where his wife received most of his property and was entitled to child support and other money. The father now wants to ask for reimbursement.

The only thing I want to know is whether there are any legal phrases or terms for this situation - I need to get some research key words. I tried biological parent and that came up with a few useful articles, but I think its more than that. Brainstorming is not working for me.

Thank you!
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Type: Discussion • Score: 1 • Views: 1,158 • Replies: 10
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Phoenix32890
 
  1  
Reply Sat 4 Mar, 2006 05:39 am
researching- Welcome to A2K! Very Happy

I am not in the legal profession, but there are some on this forum who are. What I do know, was that in the past, the issue from a legal marriage was considered the children of the husband. Now that D.N.A. has come into use in proving paternity, I really don't know if the laws have changed.
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Phoenix32890
 
  1  
Reply Sat 4 Mar, 2006 05:44 am
Check this out: http://family.findlaw.com/child-support/support-more/paternity-top.html

Quote:
Adulterine Bastard

Adulterine bastard, though not used in many places, is a term used to describe a child born to a married woman when the woman's husband is not the father of the child. This may occur if a woman becomes pregnant by someone other than her husband during the marriage; if a woman enters the marriage already pregnant (by someone other than her husband); or if a woman, without her husband's consent, becomes pregnant through artificial insemination by donor.
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Phoenix32890
 
  1  
Reply Sat 4 Mar, 2006 05:49 am
Quote:
SIDE BAR--ADULTERINE BASTARD

Adulterine bastard, though not used in many places, is a term used to
describe a child born to a married woman when the woman's husband is not
the father of the child. This may occur if a woman becomes pregnant by
someone other than her husband during the marriage; if a woman enters
the marriage already pregnant (by someone other than her husband); or if
a woman, without her husband's consent, becomes pregnant through
artificial insemination by donor.

In the past, many divorcing husbands attempted to evade paying child
support in these situations, claiming that the children were adulterine
bastards and therefore not "theirs." Many states, however, have laws
which irrebuttably presume (that is, the presumption cannot be
disproved) that a child born during a marriage is the child of the
husband, regardless of who the biological father is
.


http://www.lectlaw.com/files/fam19.htm

This site adds a bit more information. I think that you need to check the laws of your state.
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Debra Law
 
  1  
Reply Sat 4 Mar, 2006 07:22 am
Statutory and case law will vary from state to state. What state is involved in your hypothetical situation?
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Debra Law
 
  1  
Reply Sat 4 Mar, 2006 05:34 pm
Some key words for search:

"parentage act" paternity nonexistence relationship [name of state]
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researching
 
  1  
Reply Sun 5 Mar, 2006 05:16 pm
Hi and thanks for the enthusiastic and helpful replies both to Phoenix and Debra_Law. Debra in response to your question, I'm actually in Australia (I think you had in mind America) but my understanding is when it comes to searching for the law, phrase and search terms are all common, aren't they?
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Debra Law
 
  1  
Reply Mon 6 Mar, 2006 10:53 am
Re: Child support and its not your child
researching wrote:

I'm doing some legal research on child support and maintenance - specifically when one parent (father) finds out that the child he is supporting after the divorce is actually not his child - he is not the biological father. Belief that he was the father was a major factor in proeprty settlment where his wife received most of his property and was entitled to child support and other money. The father now wants to ask for reimbursement.


It takes far more than a biological connection with a child to make a man a father.

A real father, a man worthy of carrying the title of "father," is the man who forms an enduring, caring, and supportive parental relationship with the child AFTER the child is born.

And that is why Australia royally screwed up to the detriment of children when it changed its laws to value the biological composition of children more than the relationships that children form with their real (regardless of biology) fathers.

What kind of "father" would abandon, emotionally scar, and financially devastate the child with whom he has formed a parent/child relationship in order to punish the mother after the marital relationship has soured? The man should get counseling to deal with the marital break-up; but he should refrain from crapping all over his child.
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boomerang
 
  1  
Reply Mon 6 Mar, 2006 12:03 pm
Here Here! Debra Law.

I'm going looking for a thread by one of our Austrailian members. The child he was raising turned out not to be his but he wanted to continue the relationship after his divorce.....

Interesting stuff, it was....
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boomerang
 
  1  
Reply Mon 6 Mar, 2006 12:30 pm
Here it is: http://www.able2know.com/forums/viewtopic.php?p=1197486#1197486
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researching
 
  1  
Reply Sun 2 Apr, 2006 11:15 pm
It appears the law in Australia allows reimbursement of a substantial if not full amount of the compensation paid by a parent who is subsequtnly found to be not liable - this was decided in a 2004 Federal Court of Australia case (the second highest court in the land, as I understand it.)

Thank you all for your contribution and help.
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