PAYING CHILD SUPPORT FOR A CHILD THAT IS NOT YOURS
by Raymond Pater

There are several ways a Court Order may enter that would direct that a “father” pay child support for a child who is not his and whom he did not adopt.

The first way is if a man gets served a Summons and Complaint in a paternity action alleging him to be the father and after he fails to file an answer a Default Judgment enters. Some people wait too long to challenge a lawsuit, mistakenly believing that a good defense can be raised at anytime. Unfortunately, that sometimes leads to a breakdown in justice.

Another way a father can be ordered to pay child support for a child that his not his biological child, is if a Divorce Judgment lists him as being the biological father and he later determines that indeed he was not. The Court may find in particular circumstances that the Doctrine of equitable estoppel may be used to estop (prevent) the “father” who is not biologically related to the child from denying responsibilities associating with paternity. That usually applies when the father has stated that he will provide support for the child and the mother has relied upon that promise to her detriment.  Perhaps, by the time a Court case has started the biological father can no longer be located or for other reasons the Courts enforces the promise and prevents the father from raising the defense that he is not biologically related to the child.

Equitable estoppel arises when one causes another, by acts, representations, or silence, intentionally or through culpable neglect, to believe in the existence of some material fact and to detrimentally rely on the existence of such fact. Nygard v Nygard, 156 Mich App 94; 401 NW2d 320 (1986). This theory may be applied to a divorce proceeding to prevent a father from alleging on paternity. It also can be applied against a mother when she has always misled the husband into believing he was the father of the child.

If you are involved with a case involving a child not the product of a marriage, or if an affidavit of parentage needs to be challenged, see the Revocation of Paternity Act.

For an experienced trial lawyer to handle your divorce or family law issues, contact us at 616-396-8883.