Legal Question in Family Law in North Carolina
After 17 yrs. she now says the child is his.......
My husband and I have been married for 19 yrs. Approx 1 yr after we were married,we seperated for about 2 wks, and my husband had an affair with an old girlfriend(also married). When she was pregnant, she told my husband that the baby was his. My husband did not believe her, and then we did not hear anything from her for the next 17 yrs. After a major health scare, my husband decided that he needed to see if he could contact her and find out if the child was his or not. The old girlfriend said that her now ex-husband had a DNA test during their divorce and the child is the ex's. Now she says that if my husband attempts to have another DNA test to determine if the child is his, that she will sue for back child-support. The child was told at a young age that the ex-husband is not her father, and recently was told my husband is. The child and my husband have spoken on the phone and both want to establish a relationship... We have 2 children of our own, and they must be told about the other child(the truth), but I cannot tell them until we have proof Can we push for a DNA test, and can the mother sue for back child-support? The mother remarried, and lives in North Carolina.
1 Answer from Attorneys
Re: After 17 yrs. she now says the child is his.......
On 12/5/01 I received your msg posted 12/5/01. This response is not confidential and is based solely on the facts presented in your email. Also, it is not based on any supporting examination of the law. Instead, this response is based on my general experience, and resulting opinions. No attorney-client relationship is formed by this response.
I assume the mother and child resided in Mississippi until recently. If they have not had substantial contacts with Mississippi, North Carolina or another State probably has jurisdiction. In Miss., you can sue for paternity in chancery court which is a court of equity. It will order a DNA test, and will order you to pay future child support to the mother for her child. Child support is owed to the child not the mother. There would be no obligation to the mother or her child to pay for the child's past support. Any claims by the mother for expenses she has incurred for the child would be barred by laches, statute of limitations, and the doctrine of unclean hands. However, she may be able to collect reimbursement for a fair share of child support costs incurred after the date of the filing of the paternity suit. You need to see an attorney for help on this matter.
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