M.H.B. v. H.T.B.

498 A.2d 775 (1985)

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Nature of the Case

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Facts

H and W were married in 1966 and had two sons. The marriage turned sour, and in 1975, W had an affair and while still married to H gave birth to a daughter. Three months later H learned that he might not be the biological father. H confronted W and moved out of the residence. The marriage continued for three more years. H and W tried to reconcile, and H professed to W that he would always love the daughter. That failed, and in 1979 they agreed to a separation agreement and H agreed to pay $600 per month in child support, and a divorce was obtained in 1980. The parties stipulated that all three children were born of the marriage. W had custody during the school year months, and H had custody during the summer months. H then remarried in 1981. H then petitioned the court for custody of all three children and H put into issue the paternity of the daughter. It was clear that H was not the father of the child. The trial judge ruled that H, under equitable estoppel was obligated to pay support to W for the daughter. H appealed that the appeals court affirmed.