I have been seperated for 4 yrs now. My "Ex" keeps dragging out the divorce. I think it's a control thing. Anyway my fiancee and I have a 9mth old together and we live together. Legally isn't my 'husband' the father since we are still married?? I'm thinking about filing for child support from him for her. Can't I do that? I want to do that just to try and get his buns in gear and get this divorce finalized. What do you think? He is a complete loser and doesn't even pay the support for the 2 kids we have together - I know he wouldn't actually pay support for my 9mth old but he's legally responsible for any child born while we're still married, right?!
2006-11-28 07:40:04 · 16 answers · asked by Scorpio 4 in Politics & Government ➔ Law & Ethics
A man married to the mother of a child born within 300 days (before or after the marriage) is PRESUMED to be the father of the child legally; however, he still has the right to ask for DNA testing. Your fiance cannot claim the child as his without your ex signing an acknowledgement of non-paternity or providing the results of genetic testing to the courts.
So, to answer your question, as of now, YES, he is legally responsible.
2006-11-28 07:54:14 · answer #1 · answered by Anonymous · 1⤊ 0⤋
No, he's not, and you are showing your true character by trying to get money from him for a kid that's not his. Did he even sign the birth certificate for this third child?
I think he'll have a good case to counter-sue you for fraud and defamation of character if you try this stunt, and, if I were on the jury, you'd go away for a long time.
You know there are DNA tests these days that can easily prove that he's not responsible for this kid, right?
If he's been ordered to pay for the other two children, take him to court and get is salary garnished. If he hasn't been ordered to pay anything, then it means that you are in better financial shape and don't need his help.
Grow up and take some responsibility for your decisions.
.
2006-11-28 15:43:02 · answer #2 · answered by FozzieBear 7 · 0⤊ 1⤋
I assume you are legally separated, though not divorced, which would mean that you are allowed to do whatever you want and he is not responsible for any children you may have that are not his. In order to sue for support you have to prove either that the person is the biological father or that he accepted the child as his, neither of which applies.
2006-11-28 15:45:53 · answer #3 · answered by James 7 · 1⤊ 0⤋
It depends on the state. In states such as Pennsylvania, your husband and fiancee must sign a paper to authorize your fiancee' to be put on the birth certificate.
Suing for support is a nasty dirty trick, but certainly an effective way of motivating him to speed up the divorce process.
Btw, since you are still married, half of what he makes still belongs to you, so if you have his banking information, you aren't breaking any laws to go get what is legally YOUR money too...
2006-11-28 15:43:59 · answer #4 · answered by Ricky T 6 · 1⤊ 1⤋
And what will you do when he counter sues for full custody since you are not divorced and you are catting around with another man. Then he can ask for support from you. I have seen it happen in court 2 times in the last 4 years.
2006-11-28 15:42:54 · answer #5 · answered by Anonymous · 1⤊ 0⤋
You can't do that!!! Why would you want to since he doesn't even pay the support for the kids he has now?? You can file for child support enforcement for your kids you have together, and if he refuses to pay still, he can go to jail.
2006-11-28 15:51:01 · answer #6 · answered by besitos2610 5 · 0⤊ 0⤋
Do it. He's trying to force you to simply give in to his demands by making you wait (and thus making you want to end it quicker, meaning you'd do anything just to get it over with). Knock him with as much as you can, play hardball. Although, to my knowledge, you cannot file for child support for you and your fiancees child, you can definitely light the fire under his butt and take him to court for the two (of his children) that he DOESN'T pay for. Not paying the child support of his own kids is not something that's looked to kindly on in court. Be harsh if you have to in getting him into discussing divorce details.
2006-11-28 15:46:52 · answer #7 · answered by Anonymous · 1⤊ 1⤋
He may be responsible for the two kids you had with him but he is not responsible for the 9 month old that you had with another man. Just because you are married to him does not make it his child nor his responsibility. You are in the right to expect it for the other two....I would request it from the court.
2006-11-28 15:44:25 · answer #8 · answered by Stacy H 3 · 1⤊ 1⤋
If he's the Loser and you were once with him making baby's, what does that make you?? Really not trying to bash you, but think, why are you trying to get money for a child from a loser that is not even the father??? Okay... TUBES TIED! FINAL ANSWER
2006-11-28 15:50:21 · answer #9 · answered by Rainbow Brite 3 · 0⤊ 1⤋
Sure. It's probably like beating a dead horse but it would most likely get you the divorce you want. Good luck kid.
2006-11-28 16:01:22 · answer #10 · answered by Anonymous · 1⤊ 0⤋