QUESTION
Can I file a civil suit against my ex wife for having to pay child support on a child she had out of wedlock?
Asked on Oct 24th, 2016 on Civil Litigation - Alabama
More details to this question:
My ex wife an I were separated , she forged my name on the birth certificate. She knows the child is not mine , the child knows she is not mine. I have not seen , spoken with , nor ever had any part in the child's life in over 12 years. During the divorce hearing because their are other children involved. My attorney advised me to keep my mouth shut and not anger the judge. I feel like I was railroaded. But each an everyday my ex harasses , laughs in my face about it. What can I do ?
1 ANSWER
I'm sorry, but you had a chance to litigate this issue and you, to use your words, "kept your mouth shut." It's too late now to litigate the child support issue. I don't know how long has passed since you made that decision, and I don't know whether your attorney gave you bad advice (frankly, it sounds like he/she gave you good advice; in many states - I don't know about Alabama - a child born to a married woman is often conclusively presumed to be the husband's child), but if you think your lawyer gave you bad advice, you may still have time to sue him/her for malpractice. However, while I don't know all the facts, but from what you've written, I wouldn't be confident of winning the case.
Answered on Oct 24th, 2016 at 8:41 AM