Legal Strangers and the Duty of Support: Beyond the Biological Tie – But How Far Beyond the Marital Tie?
In 1998, Paula Johnson and Carlton Conley discovered that the child they thought was their biological daughter was not biologically related to them.' This child, Callie Marie Conley, had been switched within days of her birth with their own biological daughter at the hospital where both girls were born.' The discovery of the mistaken identities occurred only after Ms. Johnson had initiated a hearing for a formal child support order. Callie had been born while Johnson and Conley were living together as unmarried cohabitants. After they discontinued this living arrangement, Mr. Conley voluntarily paid child support. When they disagreed about the amount that he should be paying, Ms. Johnson initiated the hearing for court-ordered support." As a stalling tactic to delay the hearing, and which he admitted was such, Mr. Conley disputed for the first time that Callie was not his biological child. Paternity and maternity tests eventually proved that neither he nor Ms. Johnson was Callie's biological parent. They eventually learned their biological daughter's...