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Family Law Keyed to Wadlington
M.H.B. v. H.T.B.
Plaintiff and defendant were married and had three children. Defendant soon learned that his wife had had an affair and that the third child was not biologically his. He separated from his wife but continued to maintain a close relationship with all of his children. He told plaintiff that he would always love the third child. When they divorced, they stipulated that all three children were born of marriage. The wife got primary custody and the husband paid child support. Then the husband remarried and the husband began withholding child support payments. He then claimed that he was under no duty to provide child support for the youngest child and sought to litigate the issue of the child’s paternity for the first time.
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