North Carolina Husband and Wife marry. Several years later, Wife becomes pregnant and later gives birth to a Child.
Husband and Wife try to reconcile for several more years, but then split up. Wife seeks child support.
Husband pays a modest amount of child support … until he becomes disabled and falls further and further behind. And decides to challenge the child support order in family court.
The thing is, years before Wife became pregnant, Husband underwent cancer treatment – and a vasectomy. Subsequently, Husband’s sperm count tested out at zero … three different times.
Scientifically, biologically, Husband cannot be Child’s father. Period.
But family court judge does not care. Husband and Wife were married at the time of Child’s birth.
And that is often how the law comes down when a child is born during a marriage, regardless of the pesky factual details. Unless the factual challenge is made fairly promptly.
And that is where Husband went wrong. And why he just may have to live with the consequences of his delay until the Child is legally emancipated.
For now, Husband has asked the family court to order a DNA paternity test. Time will tell whether this is something the family court will even entertain at this point in time.
Read more in this [Highpoint, NC] Fox 8 TV news article: ‘Impossible father’ paying child support for son that can’t be his .