Markov v. Markov

758 A.2d 75, 360 Md. 296, 2000 Md. LEXIS 515
Court of Appeals of Maryland·Decided August 23, 2000·No. 58, Sept. Term, 1999·Published·Cited by 11 cases

Opinions

RAKER, Judge.

The parties in this appeal, Stephen Markov, Appellant, and Robin Markov, Appellee, were granted an absolute divorce by the Circuit Court for Anne Arundel County, as sought by Appellee, on December 28, 1998, just three days after the twelfth birthday of twin girls who were born during the first year of the couple’s marriage. Presented for our review is the propriety of the Circuit Court’s finding that Appellant is equitably estopped from denying paternity of the two girls and its concomitant decision awarding Appellee child support as part of the relief that she requested in her divorce action. In addition to concluding that the Circuit Court incorrectly formulated its estoppel of Appellant on the issue of paternity and improperly issued a ruling as to Appellant’s wore-paternity of the children, we shall hold that Appellant may not be estopped from denying a duty to pay child support until Appellee establishes financial detriment.

Factual Background

Appellant and Appellee were married in Baltimore County on Valentine’s Day in 1986. A little over ten months later, on Christmas Day of that same year, Appellee gave birth to twin girls, Amanda and Kelly. Despite these seemingly blessed beginnings, the parties’ relationship unfortunately did not prove to be everlastingly blissful. In the summer of 1992, Appellee confessed to having had a short-lived, extramarital liaison with a college student some two weeks after her wedding day.1 This revelation significantly underscored Ap[299] pellant’s earlier uncertainty about his paternity of the two girls, arising from the fact that he had undergone a vasectomy sometime prior to the wedding.

Over the next few years, the couple endured periodic episodes of separation, of varying but always short duration, until March of 1997, when the parties separated permanently. Although Appellant and Appellee remained apart since that time, Appellant voluntarily made support payments to Appel-lee until October of 19972 and continued a paternal relationship with the twin girls, either through actual visitation or telephone calls, until May of 1998, when he stopped all contact •with them. Insofar as the parties’ pleadings and testimony on various factual occurrences and conversations conflict, and given that the Circuit Court did not issue specific findings of fact, it is unclear whether either person, for a significant part of their early marriage, was completely sure as to the veracity vel non of Appellant’s status and representation as the twin girls’ father. In any event, with respect to the later years of their marriage, both parties have believed for a long time, at least since 1992, that Appellant is not the children’s biological father. The parties steadfastly abide by this position even though, according to the record, no scientific evidence confirming (or refuting) such has ever been produced or even procured.

Procedural Background

In initiating the divorce action, Appellee alleged in her “Complaint for Limited Divorce and Other Relief’ that the twin girls “were born to the parties as a result of their marriage.” As part of her demand for relief, Appellee requested that “she be awarded child support pursuant to the Maryland Child Support Guidelines.” In timely fashion, Appellant filed a written answer generally denying a great [300] majority of Appellee’s allegations. At the same time, Appellant filed a motion pursuant to Maryland Rule 2-423 asking the Circuit Court to issue an order requiring that the parties “and the alleged children of the marriage submit to a blood test for purposes of determining paternity.”

Appellee submitted a written answer to Appellant’s motion stating that “a blood test for paternity is entirely unnecessary ... as paternity is not an issue in this case and it is admitted and established that [Appellant] is not the biological father of the two (2) minor children.”3 In addition, Appellee asserted that Appellant “should be estopped from denying that he has held himself out as the father of the two (2) minor children and that he is the only father that the children have known.”4

On February 2, 1998, the Circuit Court directed as follows:

As [Appellant] requested a hearing, and given that the blood tests could in fact be/or lead to, a final disposition of the claim, or defense to a part of the claims, the matter needs a hearing.

Schedule the Motion for Blood Test before any judge. Nevertheless, it appears that a hearing on the motion for blood tests was never conducted. By way of a letter to the Circuit Court dated January 30, 1998, Appellant, the party who had requested the hearing, seemingly waived the hearing as unnecessary in stating, “In as much as [Appellee] confirmed that [Appellant] is not the father of her children, there now [301] appears to be no issue as to [Appellant]’s lack of biological parentage in this case; and [Appellant] would appreciate the Judge signing the proposed Order, accordingly.”5

The Circuit Court subsequently denied Appellant’s motion for the blood test, issuing an order dated March 9, 1998 that stated in part:

1. That [Appellee, Appellant] and the previously alleged children of the parties are not required to submit to a blood test for purposes of determining paternity in light of Plaintiffs Answer admitting and confirming that the Defendant is in fact not the biological father of the two (2) children, namely: Amanda Markov and Kelly Markov;
2. That [Appellant] be and is hereby determined and ruled not to be the biological father of the said two (2) children, namely: Amanda Markov and Kelly Markov.

By this order, Appellant’s non-paternity was thus established for purposes of the case to the satisfaction of the Circuit Court as well as, apparently, to the satisfaction of Appellee, but not to that of Appellant. Despite the Circuit Court’s declaration that he was not the biological father of the two girls, Appellant renewed his request “[t]hat the Court pass an Order requiring the parties and the alleged children of the marriage to submit to a blood test to determine paternity of the said children.” The litigation then continued as to whether Appellant should be ordered by the court to continue to pay child support.6

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Markov v. Markov, 758 A.2d 75, 360 Md. 296, 2000 Md. LEXIS 515 (Md. 2000).

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