About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

42 Brandeis L.J. 655 (2003-2004)
The Parent Trap: Should a Man Be Allowed to Recoup Child Support Payments if He Discovers He Is Not the Biological Father of the Child

handle is hein.journals/branlaj42 and id is 663 raw text is: THE PARENT TRAP: SHOULD A MAN BE ALLOWED TO RECOUP CHILD SUPPORT PAYMENTS IF HE DISCOVERS HE IS NOT THE BIOLOGICAL FATHER OF THE CHILD? Andrew S. Epstein* I. INTRODUCTION As paternity testing has become more sophisticated and affordable, a small but growing number of men have made the unfortunate discovery that they have been wrongly made to pay child support as the result of erroneous paternity decrees.' In Kentucky, there is good news and bad news for such men. The good news is that if the man can conclusively disprove paternity, the court must set aside the paternity judgment and relieve him of any future obligation of support.2 The bad news is that he typically may not seek reimbursement for any of the money already paid.3 The only published Kentucky appellate case to directly address this issue, Clay v. Clay,4 specifically barred such a remedy on grounds that it would be violative of the best interests of the child.5 While the welfare of children should always be a primary concern in any family law dispute, it seems highly unfair to deny such men any chance of recovery, especially in cases where the mother has received a financial windfall as the result of fraudulent action. The inflexibilityof such J.D. Candidate, May 2004. See Theresa Glennon, Somebody's Child: Evaluating the Erosion of the Marital Presumption of Paternity, 102 W. VA. L. REv. 547, 549 (2000). See generally Paula Roberts, Truth and Consequences: Questioning the Paternity of Marital Children, 37 FAM. L.Q. 55 (2003); David M. Cotter, Putting Family Ties First... Science Second: Using Paternity Estoppel to Establish or Disprove Fatherhood, 25 FAM. ADvoc. 22 (2002); Mary A. Anderlik & Mark A. Rothstein, DNA-Based Identity Testing and the Future of the Family: A Research Agenda, 28 AM. J.L. & MED. 215 (2002). 2 See Crowder v. Commonwealth ex rel. Gregory, 745 S.W.2d 149 (Ky. Ct. App. 1988). 3 See Clay v. Clay, 707 S.W.2d 352, 353-54 (Ky. Ct. App. 1986). There is an indication that, under certain circumstances, accumulated benefit not needed for support may be recovered. Id. at 354. 4 707 S.W.2d 352 (Ky. Ct. App. 1986). 5See id. at 354.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most