The courts giveth and the courts taketh away. That’s not intended to put the legal system on a par with some higher power, but it does reflect the influence that a judge can wield in some cases, and why it’s so important to be working with an attorney with depth of experience in family law.
What can happen on one hand is what we described in a post a little over a year ago. It involved a case in which a Minnesota man was ordered by the state of Nebraska to pay a steep increase in child support for a son that was not his.
He had acknowledged paternity, despite his suspicions that he wasn’t the father, and had been paying $50 a month in support for many years. Some 16 years later, the state upped the support to $369 a month when the boy was placed in the custody of his actual biological father.
Even though DNA tests supported the non-biological father’s position offered in his petition for child support modification, Nebraska’s Supreme Court ordered him to pay the higher amount to the boy’s biological father.
On the other hand, consider what happened recently in New Jersey. A judge there was faced with a case in which a mother of twin girls was seeking child support. She claimed that the twins were a lone man’s offspring. But testimony revealed that she had had sex with a second man within a week of the first. And DNA tests showed that the first man was the father of only one of the children.
As a result of the findings, the judge ordered the man to pay $28 a week in support for only the child proved to be his.
The identity of the second child’s father is unknown. Perhaps that’s something that will be sorted out by some judge’s decision in the future.
Source: CNN, “New Jersey judge rules twin girls have different fathers,” Haimy Assefa, May 8, 2015