My husband and I have been married for 41/2 years we have two children together but he also has a daughter with his ex girlfriend who was married and is still married at the time of their daughters birth but she lied on the birth certificate that she wasn't married so she could put my husband's name on there which was her boyfriend at the time. Is my husband responsible for child support or is her husband?
The law says that if a woman is married at the time of conception or birth, the husband is the presumptie legal father of the child. He would stay as such unless he or the "wife" filed for a disestablishment of paternity.
On the other hand, did your husband sign the birth certificate? If he did there is a presumption of paternity.
That said, if a petition is filed to establish child support against your husband, he would need to bring up this up- the mother's fraud on the birth certificate, that she was married, etc. Because this is a bit unusual, if he does receive a summons it would be worthwhile to speak with an attorney.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova
Broward/Palm Beach
954-316-4596/561-962-2785
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.