QUESTION

Am I responsible for child support if wife got pregnant by another man while we are still married?

Asked on Mar 20th, 2014 on Child Custody - Idaho
More details to this question:
My wife and I are married but living in different homes. She ended up getting pregnant by another man. I am not the father and we have not had sex. He is the father. She told me since we are still married that I am now the legal father of this child and will have to pay child support when we divorce. No papers have been filed as of yet. Is this true? How can this be possible?
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4 ANSWERS

Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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The child is presumptively yours until you file a denial of paternity. If you know the name of the actual father, name him and ask that the court order a DNA test. You will both be tested and whoever is the bio father will then be declared the father. This can't be done until the child is born.
Answered on Mar 21st, 2014 at 2:31 PM

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Personal Injury Attorney serving Marksville, LA at The Bryan Law Firm L.L.C.
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In Louisiana, you are presumed to be the father of children borne by your wife. Therefore, unless the biological father of the child signed the birth certificate, you will need to file to disavow the child within a year of learning of the child's birth. Additionally, if you don't plan on reconciling with your wife, I highly recommend getting divorced to avoid future problems like this from arising.
Answered on Mar 21st, 2014 at 11:27 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It used to be true but is changing. You need an attorney, and a divorce.
Answered on Mar 21st, 2014 at 10:12 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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When you file for divorce (and I would not wait one minute), claim that you are not the father and that you want a DNA test to prove it. Generally, if it shows that you are not the father, then you will have no obligation to pay child support. But until you are divorced or you prove somebody else is the father, you are the legal father.
Answered on Mar 21st, 2014 at 10:12 AM

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