Where parties are divorced and sometime after, the father determines that he is not the father of the child, can he avoid the child support obligation by filing a petition for termination?
This issue of parentage was an essential element in the divorce action. It was an issue that could have been litigated in the divorce but since it wasn’t, it cannot be re-litigated in a subsequent action such as a petition for termination. The more prudent approach is to have genetic testing done before the divorce is final if there is any doubt that the child may not be the father’s.
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Where parties are divorced and sometime after, the father determines that he is not the father of the child, can he avoid the child support obligation by filing a petition for termination?