In Re Marriage of Freeman

In this case we consider the child support obligations which may be imposed on a husband following dissolution of a marriage. We conclude that during the very early years of a child’s life, the support obligation is based solely on actual or presumed biological paternity. Thereafter, notwithstanding evidence of biological paternity, a husband’s obligation to support a child may be found in the nature and extent of the husband’s social relationship with the child. Given these principles, we affirm the support order imposed on appellant.

I

Factual Background

Appellant John C. Freeman (John) had a vasectomy in 1977. In 1982 John married respondent B. Kay Freeman (Kay) and because Kay wanted children John underwent two vasectomy reversal procedures. Following the first reversal in 1983, John produced no live sperm. Following the second reversal in 1985, John’s sperm count went up to approximately one-fourth of the live sperm experts agree is needed to be fertile. Over the course of the following year, Kay’s gynecologist attempted to artificially inseminate Kay with John’s semen. Kay did not become pregnant.

In early 1987, while still having unprotected sexual relations…