Husband Allowed to Seek Reimbursement from Biological Father
by
Joseph C. Maya on May. 03, 2017
Divorce & Family Law Divorce & Family Law Child Support Divorce & Family Law Family Law
Summary: Blog post about a man seeking payment for child support from the biological father of his wife's child.
If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
When a putative father sought reimbursement from a biological father for supporting the biological father's child, he was not estopped from denying paternity because nothing showed the putative father's actions in supporting the child during his marriage to the child's mother caused the child or mother to rely on him to their financial detriment.
The plaintiff father brought an action to recover from the defendant biological father funds expended for raising daughter. The plaintiff’s wife had engaged in an extramarital affair with the defendant around the time the daughter was conceived, which was not disclosed to the plaintiff. DNA confirmed that the plaintiff was not the daughter’s biological father. At trial, the court concluded that doctrine of equitable estoppel precluded the plaintiff’s claim against the defendant.
The Connecticut Supreme Court ruled in favor of the plaintiff. The trial court made its decision based on possible emotional harm to the daughter. The Supreme court found that, in a majority of jurisdictions, potential emotional harm alone does not suffice for imposing estoppel, and an additional showing of financial harm is required. In the case at hand, the plaintiff does not look to discontinue support relied on by the daughter, but reimbursement by the biological father for the costs of raising her. There was no such financial harm imposed by the plaintiff on the daughter, and in this respect, no basis for which to apply equitable estoppel.
For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.
Source: Fischer v. Zollino, 35 A.3d 270 ; 2012 Conn. LEXIS 47, (Conn. 2012)
