QUESTION
Does he have to pay child support if she flat out lied to him about the baby being his?
Asked on Nov 11th, 2015 on Child Custody - Oklahoma
More details to this question:
My son was married to a girl and had a baby but she lied to him and told him it was his. His co told him to get a DNA test done. It turns out he is not the father. They went to court for the divorce and he had to pay her alimony. She moved back and now she says she wants child support.
1 ANSWER
A child born during a marriage is presumed to be the husband's. After two years, if unchallenged, that presumption holds, unless the bio father appears, and the named father, bio father and mother are of one accord, and the court accepts, that the bio father should become the legal father. There may also be room for the two year clock to be on hold if the husband is active military. You do not indicate how old the child is, and it is not in son's favor that he has apparently not challenged the paternity before a divorce went through, but seeing counsel is necessary if there is any opportunity to undo the lack of action to date.
Answered on Nov 20th, 2015 at 4:37 PM