Can I suspend maintenance until she names the biological dad?

Question:

I am a victim of paternity fraud. During my pending divorce case, I found out my oldest daughter, who is 20 years old, is not mine and it was confirmed by multiple tests. My wife just now admitted to the affair she had 20 years ago while I was away in basic training. We were married when she was 3 months pregnant with this baby.

Can I file an annulment? I have yet to prove that she knew at the time that the baby wasn’t mine, but that is all that I have to prove to show that this was in fact fraud, right? Also, I am currently paying temporary maintenance. Can I file a motion to suspend this until she names the biological father?

 

 

 

Answer:

First, I must state that I am not licensed in Kansas, although Cordell & Cordell, P.C. has attorney’s who are licensed and located in Kansas and would be happy to discuss your case with you. In most states you can have a marriage annulled if you can show that the marriage was induced by fraud, however, many states have time limitations to challenge a marriage.

With regard to the temporary maintenance, the award of maintenance is usually not related to children, especially adult children. In most jurisdictions, a court would probably not modify or suspend an order of maintenance on the basis that you are not the biological father of an adult child; however, you would need to speak with an attorney in your state, to learn of all your options.

 

Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

End of Content Icon

Leave a Reply

Your email address will not be published.