M.H.B. V. H.T.B.
498 A.2d 775 (1985)
NATURE OF THE CASE: This was a dispute over child support for stepchildren.
FACTS: H and W were married in 1966 and had two sons. The marriage turned sour and in
1975, W had an affair and while still married to H gave birth to a daughter. Three months
later H learned that he might not be the biological father. H confronted W and moved out the
residence. The marriage continued for three more years. H and W tried to reconcile and H
professed to W that he would always love the daughter. That failed and in 1979 they agreed
to a separation agreement and H agreed to pay $600 per month in child support and a divorce
was obtained in 1980. The parties stipulated that all three children were born of the
marriage. W had custody during the school year months and H had custody during the summer
months. H then remarried in 1981. H then petitioned the court for custody of all three
children and H put into issue the paternity of the daughter. It was clear that H was not the
father of the child. The trial judge ruled that H, under equitable estoppel was obligated to
pay support to W for the daughter. H appealed that the appeals court affirmed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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