Legal Question in Family Law in North Dakota

Paternity

My son is involved in a paternity suit with a woman he was with once. She has admitted she planned this to happen. Are there any circumstances in which he would not be obligated to child support?


Asked on 10/18/05, 9:10 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Re: Paternity

I am not licensed to practice in North Dakota, so take this with a grain of salt.

This is my understanding from colleagues around the United States: a man is liable for child support if he fathers a child even if it was not his intent to father a child, even if the woman tells him she is on birth control or is not able to have children. Your state appellate court might differ from my colleagues' appellate courts.

Your son should consider hiring an attorney. If your son believes this child is not his, he can demand a paternity test to rule him out as the father. The downside, of course, is that a test could place him within the 99% probability that the child is his.

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Answered on 10/18/05, 10:54 pm


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