Court Awards Damages to Man for Intentional Misrepresentation of a Child's Paternity: Hodge v. Craig
If a man acknowledges paternity of a child based on the mother's assurance that no one else could be the father, then discovers, after a divorce and order for child support, that he is not the child's biological father, is he entitled to damages? The Supreme Court of Tennessee, in Hodge v. Craig, addressed the question of whether the person acknowledged as the father could pursue a claim for fraud or intentional or negligent misrepresentation against the mother. The trial court awarded the man over $100,000 in damages for child support and other payments made pursuant to the divorce decree. An appellate court reversed the order, but the state Supreme Court reinstated the judgment with a modified damage amount.
Chadwick Craig and Tina Marie Hodge met in high school, when they were both sixteen years old and began dating. Hodge reportedly had a daughter who was almost one year old at the time. They briefly separated in October 1991, and Hodge had sexual relations with another person. When she got back together with Craig, she never told him about this encounter. She learned she was pregnant the following month and told Craig that he was the father. The two were married in December 1991. Hodge gave birth to a son in June 1992. Craig also adopted Hodge's older child. He had a vasectomy in 1999 when he and Hodge decided they did not want more children.
After nine years of marriage, Craig and Hodge separated in October 2000, and their divorce became final in February 2001. Craig was ordered to provide health insurance for both children and pay child support. Hodge remarried in 2002. Craig moved to Georgia in 2003 and remarried. His son, who was in his early teens at that point, came to live with Craig in 2005. Based on a suspicion that he was not the biological father of the child, Craig obtained a DNA sample from the boy while he slept. A test confirmed Craig was not the biological father.