Legal Question in Family Law in Maryland

Re: Father's Rights

Your husband can file again for a modification of child support based on a material change of circumstance, which is the new evidence of income and evidence that the children's mother lied about her income (presumably under oath). If he is angry enough he might also discuss this with the State's Attorney, who might be persuaded to file perjury charges, although perjury is almost never prosecuted in situations like this one.

There is no way your husband can reduce the child support for a child who is not biologically his without losing the child if the mother wants to oppose him (of course the "best interest of the child" we keep hearing about would be to not lose a relationship with a man he knows as his father, nor would it be for the child to learn that that man was in some way renouncing him - I think it might be devastating to the child). The Maryland courts have held that while the presumption that the husband of a woman who gives birth to a child can be rebutted by evidence that he is not the father, the presumptive father may still be liable for child support if he has claimed the child as his for a significant period of time. The court takes the view that there is an interest in finality that overrides other interests in such a matter. Considering this, I would suggest that you and your husband disregard the test results if they indicate he is not the biological father, and continue to love the child and consider yourselves fortunate that you, and not the other guy who is his biological father, get all of the fun of knowing the boy. At some time, if genetic information is important for health reasons, your husband might need to let him know he is not his biological father. When to do that is a question for someone other than a lawyer. Good luck.