Condemned to pay 62,000 euros after recognizing that the son was not from his former partner · Legal news

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ISABEL DIVIAT, DIARIO LA LAW.- In recent years it has become increasing.

This judgment, recently issued by the Provincial Court of Madrid, recognizes high compensation in favor of the father, specifically 61.982 euros, plus legal interest, taking into account “the deep pain and emotional emptiness caused by the facts that have given rise to the procedure, accompanied by the frustration of the existing family life project”.

Dolorable concealment

The judicial resolution takes into account the following circumstances:

a) After 3 years since the beginning of the sentimental relationship and in a wedding situation, the child was born, contracting the couple a year later;

b) During the courtship, the woman maintained relations with a third person;

c) After the separation of marriage and soon to issue a divorce judgment, the mother communicates to the father her doubts about whether he was the father of the child;d) Paternity proof is carried out and the father begins procedure for the challenge of affiliation, dictating a sentence in which he was declared that he was not the child's biological father.

The Chamber expressly indicates that in cases like this, in which one of the members of the couple performs a behavior such as hiding these doubts, which causes emotional damage or pain, must be described as guilty, having not acted with the diligencethat the case required, being responsible for the damage caused to his former partner.

It also points out that this conclusion is not contrary to the doctrine of the Supreme Court, which what denies is the possibility of compensating the concealment of infidelity through the actions of civil liability "from a moral judgment".

As for the fixation of the amount, the amount of 60 understands adequate.000 euros, taking into account that the sentence of determination of the affiliation is of April 5, 2017 and that the child was born in 2005, which means that the affective bond remained for a long time.

In addition, the woman must assume the expenses that her ex -partner had to endure to clear the doubts about her paternity that her biological child believed (lawyer fees and attorney in the procedure for challenging paternity)

NO TO THE RETURN OF FOOD EXPENSES

The Chamber denies once again, following the jurisprudential doctrine, the possibility of refund - determined of patrimonial damage - of the amounts paid by the expenses derived from the maintenance of the minor, since the mother became pregnant, including the fixation of food in the divorce sentence.

And, in application of the Supreme doctrine, its obligations with the child were born from the situation of parental rights.These foods, such as the other obligations inherent to parental authority of parents (educate them, have them in their company, form them ...) take effect at all times in the child's life.As a consequence of the appearance of paternity, the father faced all the obligations that corresponded to him, so he does not proceed to the requested return.