Pennsylvania residents may be interested in the case of a man who has been taken to court for child support for a child that is not even his. This is not the first time he has appeared before a judge in this matter. The total amount he is said to owe is $7,000 in overdue child support payments but, because of a disabling injury, he has not been able to pay.
The man was diagnosed with lymphoma in 1999 and underwent a vasectomy as part of his treatment. He was tested three times over several years after the vasectomy and all three times revealed he did not have any sperm. A few years later, the woman he had married soon after his treatment informed him she was pregnant. Despite knowing the child could not be his, he ultimately decided to help raise the boy as long as they were married. He told the judge he and the mother both agreed that should they separate, he would not be held accountable to financially support the boy.
However, the mother has not held to that agreement between them. Previously, a judge had told the man that the court views him as the father since he had been married to the mother. He has been legally advised that he cannot be made to pay child support if there is proof he is not the father. As he kept extremely thorough records since his diagnosis, he does have proof, but he has been told that there is a one-year time limit after discovery to inform the court. He has asked for a DNA test to be performed but the court has not yet approved the request.
There are several variables in this case that could make a ruling difficult to reach. Child support laws can be complicated and vary from state to state, so what the judge in this situation may decide might be different from what one in Pennsylvania may rule. Those who are facing a similar predicament will want to explore their options to make the best decisions for all involved.
Source: myfox8.com, “‘Impossible father’ paying child support for son that can’t be his“, Bob Buckley, April 27, 2015
