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Tuesday, February 27, 2007
Law - More on: N.Y. High Court Says Mistaken Avowal of Fatherhood Imposes an 'Equitable Paternity'
Last year the ILB had this entry on cases in New York and Illinois where a "father" who has been paying child support later learns he is not the biological father. Today Diana Skaggs of the Divorce Law Journal has this report about the status of Kentucky caselaw:
Denzik v. Denzik * * * permitted a husband to recoup child support payments many years later, in a civil action for damages, when he was found not to be the biological father of the child born during the marriage. Where will it end? Who knows, but now the Court of Appeals, in a case not yet final but designated to be published, has addressed whether a father who acknowledged paternity has recourse to avoid contempt for non-payment and for recoupment. In short, it was remanded to determine whether there was fraud or misrepresentation, in which case accrued child support may be avoided. Prediction: This it the tip of the iceberg.For a good overview on paternity issues, skim through this compilation of Diana's entries on the subject of paternity from the past year.
Posted by Marcia Oddi on February 27, 2007 08:40 AM
Posted to General Law Related