China News Service, Changchun, April 1 (Tan Weiqi, Niu Jingliang, Sun Zhihao) A man has worked hard to raise his son for 15 years. As his son grows older, he suspects that the child is not his own. Later, judicial appraisal not only confirmed the doubts in my heart, but also found the biological father of the child. In anger, the man took the child's biological father to court, demanding the return of child support and compensation for mental damage.
Recently, the Intermediate People's Court of Siping City, Jilin Province made a judgment on the case in accordance with the law, ruling that the child's biological father should pay the plaintiff 100,000 yuan in alimony and 50,000 yuan in compensation for mental damage.
According to reports, Wang and Gao got married in 2001. In 2005, Gao gave birth to a son, Wang. In 2020, Wang suspected that the child was not his biological father, so he commissioned an identification agency to conduct a paternity test. The test results ruled out that Wang was Wang's biological father. Wang then agreed to divorce Gao that year. Later, it was learned that Gao's colleague Yang was Wang's biological father and it was confirmed by judicial appraisal. Wang immediately sued Yang to the court, demanding that Yang return RMB 226,000 in alimony and compensate him RMB 180,000 in solatium for mental damage.
After trial, the court of first instance held that Yang and Gao were Wang's biological parents, but Yang failed to fulfill his obligation to support Wang when he became an adult. Wang fulfilled his father's responsibility to raise Wang XX and assumed undue support obligations. As a result, he suffered property losses and caused damage to Wang's body, mind and spirit. Wang has the right to request Yang to return the expenses incurred in raising Wang XX. expenses and compensation for emotional distress. Based on the facts of the case, it was judged that the defendant Yang should pay the plaintiff Wang alimony of 68,000 yuan and a mental damage consolation of 50,000 yuan.
Wang refused to accept the verdict and appealed to Siping Intermediate Court.
After trial, the Siping Intermediate People's Court held that Yang and Gao gave birth to a child during the relationship between Wang and Gao. Wang raised the child born to Yang and Gao without knowing it, which was a fraudulent upbringing. As a party who has received fraudulent support, he has the right to request the biological father of the child who should have been responsible for the support to return the support that has been paid. Taking into account various factors such as Wang’s parenting time, professional income and the average consumption level of local urban residents, it was decided that Yang should pay Wang alimony of 100,000 yuan and compensate for mental damage consolation of 50,000 yuan.
According to the judge, the so-called fraudulent support means that during the marriage relationship, one spouse (usually the woman) knowingly or should know that the child is not the biological child of the other spouse, deliberately conceals the truth, causing the other spouse to mistakenly regard the child as a child. The act of providing support for biological children. (over)