By JR on Monday, November 28, 2011
A WOMAN has been ordered to pay her former husband almost $13,000 in child support after DNA tests confirmed he was not the father of her 14-year-old son.
The man - who once caught his wife in a compromising position with a neighbour - secretly took the boy for a DNA test after his own mother raised doubts about the boy's parentage from the time he was four. "(X) is looking less and less like you. There is nothing similar, not even his ears or toes or fingers," the man's mother said.
The couple began living together in their late 20s and married in 1984. The boy was born in 1995 and still believes the man is his father. "For him, this has been an unfortunate situation not of his own making," Federal Magistrate Stephen Scarlett said in his ruling.
"In January 2009, the parties separated and the person whom the child thought was his father moved out of the matrimonial home. Less than a year and a half later, the child's father figure no longer has anything to do with him. "Effectively, he is now without a father, through no fault of his own. From the child's point of view, his father (as he thought) has rejected him, for no apparent reason.
"The applicant's desire to find out the truth about the child's paternity will result in a financial benefit to him, at the expense of collateral damage to the child."
The couple divorced in 2010, but the father continued paying for the boy's overseas holidays, school fees and $700 a month in child support. Now the court has ordered the women to pay the man $12,969.
The man has had no contact with the boy he believed was his son since the DNA tests confirmed he was not the father. The woman must repay the child support as well as $4038 in court costs within 12 months.