Madison County Associate Judge Dean Sweet has ordered DNA testing of a boy at the center of a child support challenge.
In a lawsuit filed last month, Gerald Krug is seeking reimbursement for child support and healthcare benefits he paid for a child he claims is not his.
According to the suit filed against Anita Dawn Bogle and David Lofink, Krug and Bogle were married in 1984 and had two children. They divorced in 1993 but maintained a sexual relationship, according to Krug, that he believed to be monogamous.
During their divorce proceedings, Krug claims Bogle told him she was pregnant with his child. Krug says he and Bogle remarried in 1994 but divorced a second time in 1999. A court order issued at the time of the divorce required Krug to pay child support and medical benefits for three children along with half of his retirement benefits.
In December 2007, Krug says he was told he was not the biological father of Bogle's third child. He says his ex-wife told him the child was conceived with Lofink. Krug says he used a home DNA kit in February 2008 to test if he was the father of the boy. He alleges the results returned negative. However, despite his multiple requests, Krug says Bogle has refused a court-approved DNA test.
Sweet ordered the DNA testing to take place no later than 21 days from his July 21 order on the child born Aug. 31, 1994.
Gerald Krug was to bear the cost of testing.
"Initially, the results are to be sent to this Court and they may be viewed by the parties at a time and place to be determined later," Sweet wrote.
Bogle's attorney, Edward J. Szewczyk of Granite City, moved for substitution of judge on Aug. 9, which was granted by Sweet the same day.
The case has been transferred to Associate Judge Elizabeth Levy and consolidated with the coule's divorce case.
In his lawsuit, Krug is asking to stop all child support payments and be awarded damages in excess of $180,000 as reimbursement for the child support and medical benefits paid since the child's birth. Krug also asks to that Loflink be named the father, imposing all responsibilities onto him.
Krug is represented by attorney Steven C. Mandlman of Clayton, Mo.
Madison County Circuit Court Case No. 11-L-653
Madison County Circuit Court Case No. 01-D-151