Legal Question in Family Law in Minnesota

interesting paternity question
in october 2004, i was contacted by an woman telling me she was pregnant and i was the father. doing what i thought was the right thing, i began to support her in part from november to february 2005 when she left work and began maternity leave. then, in june 2005 she informed me that there was a possibility the child was not mine. i agreed to continue our relationship if she chose, or she could contact the other man about taking a dna test. she refused to do this and i finally paid to take a dna test in december 2005. the results were negative, but i continued to support her and child. after many months of legal action to force the other man to take a dna test his results were positive and there is a hearing scheduled for february. in june 2006 we parted ways. up to then i bore 100% of the financial responsibility.

also, she filed her 2005 taxes claiming the child without telling me and i was left with a heafty tax bill due to my witholdings.

so, what recourse do i have 1. against the bio father for back support 2. against the mother for the taxes and, 3. against the mother for misrepresentation.

thank you.

Asked on 1/26/07, 10:22 pm

2 Answers from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

0 users found helpful

0 attorneys agreed

Re: interesting paternity question

I read your question with interest, since it appears you went out of your way to provide support for a child that was not your own, or at least in a circumstance in which you had no legal obligation for support.

The cynic within me would say that, alas, no good deed shall go unpunished, or in your case, uncompensated. That would certainly be the legal judgment here: You are not entitled to be reimbursed for your expenditures, whether directly or through a tax deduction, where you did not have a legal obligation to provide support. Your payments were "mere gifts, charitable perhaps, but no different from alms given to the poor.

Even if the woman said you were the father of her child, you cannot likely recover your gifts from her or the real father. You began making payments to her before a child was born, and thus before paternity could have been established under the law. Your aspiration was noble. That is true. The law, however, does not reward the noble.

Good luck. You can feel free to contact me if you have further questions.

Answered on 1/28/07, 4:20 pm

Mark as helpful