Can my ex request to terminate medical and financial support of my child? 11 Answers as of May 18, 2011

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?

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
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.
Answer Applies to: Colorado
Replied: 5/18/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
It is very doubtful that the court will allow this if he has visited the child. However, hire a family law attorney to file the motion asap.
Answer Applies to: California
Replied: 5/16/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | 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.
Answer Applies to: New York
Replied: 5/16/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
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.
Answer Applies to: Oregon
Replied: 5/16/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
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.
Answer Applies to: Washington
Replied: 5/16/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Get an attorney to fight this. Many give a free consultation. Whether you were married or not may matter a great deal.good luck.
    Answer Applies to: Washington
    Replied: 5/16/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You can fight him on this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
    Answer Applies to: New Jersey
    Replied: 5/16/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    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.
    Answer Applies to: Washington
    Replied: 5/16/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Jacob T. Erickson
    In Minnesota, he would have to have brought that action within three years of the child's birth.
    Answer Applies to: Minnesota
    Replied: 5/16/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Without doing the research on the current status of the law, I believe the cases were split on this issue. If he can get the termination he probably will not be able to recoup any amounts already paid. You should consult with an attorney and have that person do the research.
    Answer Applies to: Connecticut
    Replied: 5/16/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    He is not likely to prevail in Alabama. The courts are loathe to remove a parent from a child's life. Stay well.
    Answer Applies to: Alabama
    Replied: 5/13/2011
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