HappyMomma

Man Who Is Not Child's Father Must Pay Support

ANNAPOLIS, Md. -- A man is responsible for child support even though a paternity test proved he is not the father of a child born during his marriage, Maryland's second-highest court has ruled.

For nearly 13 years, Darren G. Kamp said he was the father of the child, despite evidence to the contrary.

The Court of Special Appeals ruled that a Garrett County Circuit judge should not have approved Kamp's request for genetic testing without considering the best interests of the child.
Retired Judge Charles E. Moylan Jr. was specially assigned to the panel. He wrote because of that error, "it follows that the court erred in terminating (Kamp's) child support obligation based on the paternity test results."

Kamp's attorney, G. Gary Hanna of Cumberland, said recent events make him uncertain of the case's future.

"We were disappointed with the decision, especially in light of the fact that the child and child's mother have now completely left the jurisdiction," Hanna said. "That is a subtlety that we weren't able to tell to the Court of Special Appeals, but since she's now taken the child from the jurisdiction, we really don't know what will transpire."

Four children were born during Kamp's marriage to Vicki Jo Duckworth, including a daughter who was born about four years after Kamp had a vasectomy, the appellate opinion said.

Despite the fact that he allegedly knew he was not the girl's father, Kamp held himself out as such. When Kamp and Duckworth divorced in 1999 and Kamp was ordered to pay child support, he did not contest the girl's paternity.

It wasn't until July 2005, when the Department of Social Services filed a petition to increase Kamp's child support, that he argued that the girl was not his biological daughter, but rather the child of a man with whom Duckworth was having an affair in 1992.

Garrett County Circuit Court ordered a paternity test, which excluded Kamp as the father. The court ended Kamp's child support obligation for the girl.

DSS appealed, saying that Kamp could not contest paternity and was obligated to continue paying child support.

Assistant State's Attorney Joseph B. Spillman argued the case for the Garrett County Department of Social Services.

"The decision made it clear that once a parental obligation is legally established, the child support obligation continues unless parental rights are terminated," he said.

The court wrote, "By waiting until 2005 to assert a paternity challenge ... appellee slept on his rights."

Man Who Is Not Child's Father Must Pay Support - Baltimore News Story - WBAL Baltimore

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Good Wolf

For w/e reason he decided to stay with his wife and be a father to the other mans daughter. I don't think that would obligate him to pay child support if at any time he decided that he no longer wanted to take responsibility for someone elses biological child.

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budnkota

From what I have read related to things like this, if the man acts as the father, he can continue to be held liable. Basically, you can't say it's your kid and behave as such - and then suddenly backtrack when you decide that's what you want to do.

Is it right? In many ways no, but I also see the reasoning behind it. In many ways, it is like he adopted the child. you don't get to take on that responsibility, and then turn around and say it's not your responsibility later down the road.

jtee

This sounds like a child is getting caught in the middle nasty divorce. That is the injustice.

From what I read, it sounds like the man wasn't going to stop being a father, just wanted to stop being paying child support. I would think that if the child is legally considered his daughter, then he remains obligated.

budnkota

We have a case in my family where the estranged father pays child support, but she married another guy who loves her little boy, and now that they split, he still sees both his bio and former step kid. Pays for his activities too. Even though they are divorced, he still wants to adopt my little cousin when and if the bio father ever agrees to terminate his rights (he hasn't seen the 8 y-o since he was a few months old, yet refused to terminate and the courts allowed that).

THAT is what a real man does, instead of snivelling over a little bit of money. If you loved her like your child, you don't walk away from her later.

ljmahr

Not sure of the exact wording of the law, but in Missouri if you are married to someone and they have a baby the hubby is legally the father. They have to sign some papers stating they are not the father when the child is born.

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Laura
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musicmom

hwnorth

musicmom .. and they always want the money and its never enough...

now that was a retort and although I see your point it is often not the case .. and yes I take offence to generalizations about this kinda thing.. (havent ya figured me out YET? LOL ) .. its all good ...

In British Columbia, Canada... if you are acting in a father role and take on such duties for a specific time period .. (2 yrs?? Im unsure exactly) then you are deemed legally responsible and can be held liable for support even if the child is not biologically yours


As I said I do see your point and I have a bitter streak in me over my ex who wanted $1700 per month for one child ... but not all women are to blame .. just psycho dike bitch lounge lizard tramps like my ex ... phew ... I need a drink ... LMAO !!!!

meow_173

as cruel as this is....if the child is not his, he bare no responsibility

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Kaytee

I don't think he should "have" to pay, but he raised the boy so I think morally he should want to.

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