Legal Question in Family Law in Maryland
"Brainwashing" & Child Support
What rights does a man have who was under mental duress & basically "brain washed" when he signed child support papers? Until he signed the papers, he was told that this child is his and that she would marry him after their daughter was born. After the child was born, she told him to leave & the next day, she was with his best friend. Paternity testing was not requested. After the fact he was told by a mutual friend that she had been sleeping with his friend for awhile. All the while, he was suffering from mental depression.
1 Answer from Attorneys
Re: Brain Washed Into Paying Child Support
Your inquiry raises three issues: paternity, mental competency and duress.
If there is a possibility the child is not yours, you should immediately require a paternity test (also called an HLA test or blood test). If the test excludes you as the father, you will not be required to pay support.
Depression is probably insufficient reason to avoid a child support obligation. Even mental incompetence or duress (also called over-reaching), if successfully proven, might only succeed in re-setting the support at the guideline amount under the Maryland Code. In other words, a defense of incompetence or duress is unlikely to prevent your owing child support if you have income and the child is yours.
Olivier Long --- Telephone 703-591-1600
Member of the Maryland Bar
Olivier Long
Law Offices of Olivier Denier Long
10500 Sager Avenue, #B
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