QUESTION
Can my wife take me to court for child support if the child is not mine?
Asked on Jul 29th, 2013 on Divorce - New Jersey
More details to this question:
My wife and I have been married for 7 years. Two years ago she stepped out on me and had sex with another man resulting in her getting pregnant by the other man. I never signed the birth certificate and had a paternity test done after the baby boy was born. The test showed I was not the father. For the past two years I have stayed married to this woman because of the little boy. The boy has a heart condition and the father nor my wife work. So me having a great health plan (a big heart) and a job have been taking care of this child that is not even mine. The father has a job now and she is finally taking him to court for child support. She is currently waiting on the paternity results from the court and the baby is doing great now. I wanted to know if I get a divorce now, can she take me to court also for child support for taking care of this child the last two years? I just want out of this crazy situation. These past two years haven't been heaven.
5 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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Does your name appear on the birth certificate? That could complicate matters. If a court enters an order of paternity against the man you believe is the biological father, then that should shield you from an order of support. Unfortunately, there are no absolute guarantees. You should consult with an experienced family law attorney in your area to review this matter.
Answered on Jul 31st, 2013 at 10:26 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You sound like a great guy there are 2 avenues to take. Initially, please realize that Michigan law has an automatic presumption that you are the father since you were married to her when the child was born. However, there is a relatively new legal procedure by which you have to prove that you are not the father to get out of the presumption so you do not have to pay child support. So First you can file for divorce now and based upon the child DNA test showing you are not the father jump through the hoops in the law so you do not have to pay child support. Or Second, wait a bit once she gets the results of the paternity test from the other guy and assuming she wins child support from him that judicial finding acts as a judicial determination that you are not the father and she cannot claim child support or anything else from you in the future on behalf of the child she is NOT eligible for child support from 2 different men for the same child.
Answered on Jul 30th, 2013 at 12:36 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Theoretically, you should not be financially responsible for this child, as she is attempting to get support from the presumed bio-dad. If he is excluded, however, she may attempt to come after you on the basis that a child born during a marriage is presumed to be the child of the marriage.
Answered on Jul 30th, 2013 at 12:36 AM
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You will need to have the paternity tests in hand to declare the child not yours, as technically you are the legal father for being married to the mother when the child was conceived. However, since she has gone after the biological father now for child support, you should be able to extract yourself from this situation. You will need a good lawyer.
Answered on Jul 29th, 2013 at 12:41 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Yes. You will need the results of the paternity test to prove that the child is not yours. Otherwise there is a presumption that you are the father because the child was born during the course of the marriage.
Answered on Jul 29th, 2013 at 12:35 PM