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M.H.B. v. H.T.B.

Supreme Court of New Jersey

498 A.2d 775 (1985)

Relevant factsFree

Marilyn (M.H.B., plaintiff) and Henry (H.T.B., defendant) were married roughly ten years and had a daughter, K.B., during the marriage. Henry learned soon after K.B.'s birth that he was not her biological father but continued raising her as his own, giving her his last name, listing her as his child on official records, and providing emotional and financial support. Marilyn and Henry later separated, agreed Marilyn would keep custody with Henry paying $600 in child support, and divorced in Wisconsin, stipulating their children were born of the marriage. Years later, Henry sought custody of K.B. in Wisconsin; the case moved to New Jersey, where Marilyn sought increased support and Henry counterclaimed, alternatively arguing he should no longer owe child support for K.B. because he was not her biological father. The trial court held Henry was K.B.'s father for all purposes under equitable estoppel and could not deny his support obligation; the appellate division affirmed, and the New Jersey Supreme Court took the case.

IssueFree

Whether the doctrine of equitable estoppel may impose upon a stepparent the duty to financially support a stepchild after divorcing the child's natural parent.

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