The Nebraska Supreme Court issued a very interesting decision last Friday concerning a Minnesota man who was found to be responsible for child support payments even though a DNA test definitively proved that he was not the child's biological father.
According to the facts, the Minnesota man -- referred to as Brian F. in court documents -- was involved with a Nebraska woman who gave birth to a son -- referred to as B.M. in court documents -- back in 1994. The couple never married and Brian F. signed a notarized paternity document the following year.
Nebraska officials later used this document as the basis for a child support enforcement action against Brian F., who was later ordered to pay $50 per month in support and provide health insurance for B.M.
Despite harboring suspicions about B.M.'s paternity, Brian F. continued to comply with the order until 2009, when state officials successfully petitioned the court to increase his monthly child support payments to $369 after B.M. had been removed from his mother's care and placed with a man that she had identified as B.M.'s biological father.
Not pleased with the prospect of paying child support to the biological father of B.M., Brian F. petitioned the court in 2011 to modify or terminate the support obligations due to financial hardship, and requested a genetic test.
The results of this genetic testing came back in 2012, while the legal proceedings were still pending, and definitely proved that Brian F. was indeed not the father of B.M. despite his signing the notarized paternity document 17 years prior.
To be continued ...
Consider speaking with an experienced legal professional if you are considering a divorce and would like to learn more about child support obligations, or would like to learn more about your options concerning modification or enforcement of a support order.
Source: The Lincoln Journal Star, "Man who isn't biological dad responsible for child support, court finds," Lori Pilger, May 16, 2014; The Omaha World-Herald, "Court rules man owed child support, after tests proved he wasn't father," Martha Stoddard, May 17, 2014