QUESTION
Is non biological father required to pay child support?
Asked on Dec 20th, 2013 on Child Custody - Rhode Island
More details to this question:
My son is married. His wife had an affair and produced a child. The child was 6 months old when my son found out he was not the biological father. He tried to stay and work past the marriage problems but after a year, he decided to move out and end the marriage. Is he still responsible for child support?
10 ANSWERS
4 Awards
Being married at the time of a child's conception/birth creates a rebuttable presumption that husband is the father. This will make his divorce a bit more complicated, and he will need an attorney to make sure this is addressed so that he does not pay support.
Answered on Dec 23rd, 2013 at 11:27 PM
Child Support Attorney serving Overland Park, KS
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Rosenak Family Law, LLC
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Paternity and child support is pretty complicated in Kansas. I have one right now. Has she identified who the father is? A man is presumed to be the father if he has a child during the marriage. If he is the father and they get divorced, he is legally obligated to pay child support. What he needs to do is petition the court for a paternity test so he can be excluded.
Answered on Dec 23rd, 2013 at 11:26 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He is until he asks the court to order a DNA test and it is established that he is not the father.
Answered on Dec 23rd, 2013 at 11:25 PM
He should immediately file a motion to determine paternity of the child, and ask for a paternity test. If he does not do it within 2 years, he would be labeled the presumed father, and be responsible for child support. Because the child was born during a valid marriage, and he is the presumed father unless he challenges within 2 years of the child's birth. This is very important.
Answered on Dec 23rd, 2013 at 11:25 PM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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There is a presumption that a child born during the marriage is presumed to be of the marriage Your son has to overcome that presumption with a DNA test or the agreement of his wife that he is not the father and has no custody visitation or support obligations
Answered on Dec 23rd, 2013 at 11:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Unless he does something about it, yes. He should see an attorney.
Answered on Dec 23rd, 2013 at 11:23 PM
Bruce Provda
Yes, he is considered the putative father of the child as they were married when the child was born.
Answered on Dec 23rd, 2013 at 11:23 PM
He is the presumptive father and will remain responsible until and unless the bio dad steps up.
Answered on Dec 23rd, 2013 at 11:22 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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He would most likely still be responsible for supporting the child, unless he filed to disavow paternity of the child. In Louisiana one has one year from the date he knew or should have known he was not the child's father to file a disavowal action. The true biological father would have one year from the date he knew or should have known he was the father.
Answered on Dec 23rd, 2013 at 11:22 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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In Utah: The answer is yes, the husband of a woman who conceives a child out of wedlock with a different man is not only responsible for the support of that child, but is presumed to be the father of that child unless and until an action is filed in court to determine the paternity of the child and to have the husband relieved of and released from any obligation of support for the child. It should go without saying however but bear in mind that if the husband does have the child declared not to be the child of the marriage and not to be the son or daughter of the mother's husband, husband will have no parental rights connected with that child.
Answered on Dec 23rd, 2013 at 11:22 PM