[kjr6306]

I have been served papers from a women I had a relations with 9 years ago. The women was married at the time and got pregnant presumably by me. Her husband knew at the time of birth that the child was not his but they decided to stay together and raise the child as there own. Now almost 9 years later I am being served and may have to 9 years of back child support. I have been reading quite a bit and came across circumstances where paternity can be contested due to estoppel and laches. I am in the state of Ohio. Can anyone shed light on this process?

[smoothy]

They will do a DNA test... and that is accurate enough to prove its yours and nobody else's... assuming you don't have an evil identical twin brother.

[ScottGem]

This site should help:

In Ohio, how far back can child support go depends upon paternity. |Columbus Ohio Family Law Attorneys| OH Divorce Custody Child Support Law Offices of Virginia C. Cornwell

Unfortunately the news is not good. Unless you can show that paternity was established previously, then you could be liable for 10 years of support. The mother can bring an action of paternity at any time prior to the child turning 23 so no help there.

The only thing that MIGHT help you is that, under OH law, the husband is presumed to be the father. You might argue that husband accepted paternity so it WAS, therefore, previously established.

You need an attorney to determine if my suggestion would fly or not.

[kjr6306]

Thanks for the general info. I have read and am well aware of the laws of Ohio. I specifically need information on Paternity by Estoppel for Ohio.

[ScottGem]

Paternity by Estoppel is similar to what I was saying. The fact that the husband accepted and acted as the child's parent for a significant period could be used in your favor. However, there is other case law that holds in cannot be used when it is not in the best interests of the child or to let a parent out of paying support.

You are unlikely to find a definitive answer here. No one here is going to spend a significant amount of time researching for you. Its clear that it is something you should be looking at. Whether the court agrees with you is another matter. You need an attorney to help you deal with court.

[GV70]

Jantzen v. Jantzen, (Ohio 2012)

Ohio Supreme Court

Status: 2012-Ohio-5609

Docket Number: CA2012-01-006

Mother argues the trial court erred in permitting husband to rebut the presumption he is the natural father because the "defenses" of estoppel, waiver, or laches are applicable. We disagree.

And finally, mother argues that husband assumed the role of father to the two children and the best interests of the children dictate that husband remain their father. However, husband clearly and convincingly rebutted the presumption that he is the children's natural father. Husband purposely sought and received this legal declaration and mother cannot force husband to retain a legal connection to these children.