QUESTION
Can my wife get child support from me even though she is getting child support from the biological father?
Asked on Feb 18th, 2014 on Child Custody - Idaho
More details to this question:
My wife and I have been married for 8 years now. She committed adultery 3 years ago and conceived a now beautiful 2 year old. She went to court against the biological father and is now receiving child support from him. I decided to stay all this time because of the child and her coming after me for child support (don’t judge me I am really a good person). I can no longer stay in this marriage and want to leave. I feel better now that she is getting some type of income for the child. My wife only makes $300 a week in this internship she is in.
6 ANSWERS
Heidi Glaser
No, but she can get spousal support.
Answered on Feb 21st, 2014 at 9:59 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You should not have to support a child that is not yours.
Answered on Feb 21st, 2014 at 9:55 PM
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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From the information provided it appears that there is a paternity order of some kind against the child's biological father, and the child support order. In Arizona generally speaking, if there is a paternity order or acknowledgment of paternity and a child support order in place then that would rebut the presumption that this child born during your marriage was a child of the marriage, eligible for support from you. You should consult with an experienced Arizona family law attorney to discuss this matter.
Answered on Feb 21st, 2014 at 9:54 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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If he was adjudicated the father and is paying child support for the child, you cannot be ordered to pay child support.
Answered on Feb 21st, 2014 at 9:52 PM
4 Awards
When she wet to court against bio dad, paternity was established for him. This means the presumption that a child born during marriage is the husband's has already been rebutted. She can't get support from both of you, but you will need the help of a lawyer to obtain the right records for the Court.
Answered on Feb 21st, 2014 at 9:50 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You are not the father and have no obligation to pay support.
Answered on Feb 21st, 2014 at 9:49 PM