Stacy M. v. Jason M

858 N.W.2d 852 (2015)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

H and Stacy's (W) marriage was dissolved by a decree. H suspected during the marriage that he was not the biological father of the youngest child, but he did not raise the issue of paternity in the dissolution proceedings. In 2013, H obtained genetic testing, which established he was not the father of the child. H filed a pleading to suspend child support. H alleged W knew the identity of the youngest child's biological father but refused to obtain child support from him. He asserted the appropriate 'equitable remedy' was to suspend his obligation to pay child support for the youngest child. W testified she did not know that H was not the biological father of the child until learning of the genetic testing results. W claims that she was drugged and raped by a man whose identity she did not know. W never reported the incident. The court denied H relief. It reasoned that a child born during wedlock is presumed to be the legitimate offspring of the parties and that while the statute afforded H a remedy to disestablish his paternity, he had not sought relief under that statute. The court found that H 'wants the rights of a parent, but does not want the majority of the financial responsibility (child support) of a parent.' H appealed.