Suggested Time to Complete: 36 minutes
Fred’s Paternity – Difficult
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This question should be answered using three IRAC structures. Please include all relevant key words in your answer.
Eve gives birth to a child while dating and living with Fred. She tells Fred that he is the child’s father. Fred marries Eve and promises in writing to support the child as his own, going as far as to tell Eve that he will provide for everything financially if she quits her job to stay home and take care of the child. Relying on Fred’s promise, Eve turns down a promotion and quits her job. Fred and Eve cohabit as a family with the child. Three years later, Fred learns that Eve was having an affair when the child was conceived and that he is not the biological father of the child. Fred files for divorce from Eve and is now seeking a declaration of non-paternity while also arguing that he has no obligation to pay child support.
Is Fred likely to succeed in court?
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To answer this question, you should first think about and discuss whether Fred is the presumed father of Eve’s child. Then you should think about and discuss whether he can get a declaration of non-paternity. Finally, you should think about and discuss whether Fred may deny his obligations to pay child support.
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