An interesting decision from New Jersey, digested by Charles Abut on the ABA Family Law listserve:
J.R. v. L.R., ___ N.J. Super. ___ (App. Div.); New Jersey App. Div., July 17, 2006
“On the biological father’s appeal from an order requiring he and his daughter’s psychological father each to pay child support, held :
An interesting decision from New Jersey, digested by Charles Abut on the ABA Family Law listserve:
J.R. v. L.R., ___ N.J. Super. ___ (App. Div.); New Jersey App. Div., July 17, 2006
“On the biological father’s appeal from an order requiring he and his daughter’s psychological father each to pay child support, held :
(1) the biological father was properly ordered to submit to genetic testing, even though he was unaware of his 12-year-old daughter until shortly before the action commenced and even though he wanted nothing to do with her;
(2) equitable estoppel did not make the psychological father solely responsible for the daughter’s support, absent interference by the psychological father with support from the biological father; and
(3)although the biological father had the primary support obligation, it was proper for him to share the obligation with the psychological father because the biological father could not pay the entire amount of support. “
The Family Law Prof Blog also reports on this case.