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 non-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.

Likewise, a biological father can not seek entry of a Court order directing a married woman to consent to a blood test of her child against her and her husbands wishes. The Court protects the sanctity of marriage to prevent a third party form challenging that marriage by requiring blood or paternity testing. In another case, plaintiff married defendant knowing that she was carrying a child for whom he was possibly the biological father. More importantly, plaintiff held himself out as the father and supporter of this child for more than nine years. Even if plaintiff were not the biological father of the child, by marrying defendant he forecloses any action by her to seek support from the child’s biological father. Actions under the Paternity Act are authorized only where the woman was unmarried from the conception to the date of birth of the child. MCL 722.711(a) and (b), 722.714(b); MSA 25.491(a) and (b), MSA 25.494(b). Johnson vs. Johnson, 93 Mich App 415 (1979)

The above is not intended to serve as legal advice. You should not rely on the above, but should consult an attorney.

Raymond J. Pater, Esq.
PATER LAW, PC

714 Michigan Ave, Ste B
Holland, Michigan 49423
(616) 396-8883

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