On behalf of Stange Law Firm, PC posted in Child Support on Tuesday, April 5, 2011.
Right now a 52-year-old man has found himself in a particularly frustrating situation: he owes close to $200,000 for a child that he is most likely not the father of. Rather, the late comic Sam Kinison who passed away in 1992 is probably really the father.
And while the man recently went to court to try and have the child support agreement dissolved, a judge ruled last week that the unpaid child support cannot be contested because the 52-year-old simply waited too long to contest the paternity of the child he thought he had with his ex-wife.
In total the 52-year-old owes $188,000 in unpaid child support, even though DNA tests show that Kinison is most likely the father.
As of now the 52-year-old man – who was also friends with Kinison – is not ready to give up on his request to contest, especially since the amount that is owed in child support has reportedly ruined his credit.
Overall, this is a scenario that could happen to anyone. Typically when a child is born to two people who are married – like in this 52 year olds situation – the father’s identity is not questioned, and in most situations there is no need to even order a paternity test. However – as this man’s case highlights – if a husband every feels that for any reason he is not the father, it is important to have a DNA paternity test done right away, as this test will help establish other considerations that may surface related to child support, as well as custody and visitation agreements.
Source: ABC 27, “Judge OKs support order for likely Kinison child,” Anthony McCartney, 29 March 2011