A man who learned in the pub that he might not be the biological father of his ex-wife’s now-30-year-old child has won back the 21,660 GBP he paid in child support over the years.
The court case was started by a man in the Austrian state of Styria, who, due to privacy reasons, has not been publicly identified.
Thirty years after the birth of ‘his’ child, a female friend of his ex-wife, who he met while drinking in a local pub, revealed that he might not be its biological father.
The man, who was married in Styria in the 1980s, had been paying the child support voluntarily after he and his wife divorced, because he was convinced that the child was his and he wanted the best future for the youngster.
The child’s mother had apparently also always believed that the man was the child’s father despite having had an affair at the time it was conceived.
After being told by his ex-wife’s female friend in the pub that ‘his’ child might not in fact have been his, the man went to court where it was demonstrated, after securing evidence, that he was not the biological father of the child.
The man then went to court again to start a separate case to demand back the 25,000 EUR (21,660 GBP) in child support he had paid over the years as his ex-wife refused to give the money back voluntarily.
Even though adultery is not a criminal offence under Austrian law, the court ruled that “marital duties” are an important protected good.
The court argued that marriage is not only characterised by an ideal, but also by property interests.
It came to the conclusion that the man had incurred considerable damages by paying the alimony and that the ex-wife should pay back the money.
It is not known whether the mother will now go after her old lover to claim back the lost alimony.