If the wife goes and cheats on her husband and gets knocked up, is it by law the father's responsibilty to support the child? Does it depend on whether or not the couple divorces? If they do divorce over this issue...is the husband still obligated to pay alimony for a divorce he didnt cause?
2007-02-13 05:50:49 · 32 answers · asked by JJ C 2 in Family & Relationships ➔ Marriage & Divorce
if they are married - the husband is obligatory to support the child (whether the child is his or not), if they are divorced - only the biological father is obligatory to support the child
2007-02-13 05:53:59 · answer #1 · answered by ? 6 · 2⤊ 0⤋
I think that if the natural father claims the child is his and takes on that responsibility, then the husband does not have a legal obligation to that child. If on the other hand, the husband raises the child as his own and the natural father is out of the picture, then he would be legally obligated to provide for that child while married because there is an understanding that the parents in the home will provide for the children. If the husband adopts the child by acknowledging legally that the child is not biologically his but he wants to legally adopt that child, then he would be legally obligated to provide for that child, including child support, if he were to divorce his wife. If he did not legally adopt the child and did not make any claims that the child was not his or take a paternity test to prove the child is not his, then he would be responsible to pay child support if he were to divorce his wife and the court ordered the child to be placed with the mother. If he divorces his wife, did not adopt the child, AND he has shown that he is not the father, then he is not obligated to pay child support. I am not legal expert, but this is my opinion. There are free referral hotline numbers you could call who could answer this as a basic question without charge. If this situation applies to you, then I am profoundly sorry to hear about that. That is a rotten thing for a wife to do to her husband.
2007-02-13 05:59:26 · answer #2 · answered by Chimichanga to go please!! 6 · 0⤊ 0⤋
Actually, it depends on the state. However, in many states the husband would be the father of the baby legally until the court found for the other party. The court would have to determine the father of the child. Alimony is support to the spouse not the child and it is based on many factors. The courts can link child custody in family court to a divorce or not. If the father of the child is in question it would be best to get a DNA test.
However, most likely the boyfriend would be responsible of child support in either case if they remained married or divorced.
Each issue would be decided separately.
Divorce
Child Support
Support Payments
Visitation for the father of the child
Good Luck,
Lady Webmaster
P.S. Putting the name of father on the birth certificate does matter in some states or others only DNA matters.
2007-02-13 06:00:47 · answer #3 · answered by Lady Webmaster 2 · 0⤊ 0⤋
That's fraud. Additionally it is very fallacious to elevate a little one telling that baby his father isn't who he is. I take it your having intercourse with each men in any other case the husband would be intelligent to the baby. Whoever told you about nonetheless being married and the baby is the husband's is totally wrong. Reason is the DNA belongs to the other man. You're going to commit fraud on the very least. How would you feel being raised by using a person who your informed is your dad and finding out in a while (trust me the youngster will find out they perpetually do) that your mother lied to you and your entire lifestyles is a sham? Would not you feel terrible? Why do this to your little one? You ought to get the divorce and go together with the bf. In any other case let the husband comprehend and see if he nonetheless desires you. As I see it you've got been separated manner too long now and must get that dam divorce! *****no1advice, are you even paying awareness to the question? The lady is separated, however her husband will not signal the divorce papers. She's pregnant through her *boyfriend* and is asking if the little one shall be viewed *legally* (not biologically) the child of the husband if they are still legally married when the baby is born. Nothing was once acknowledged about deceiving any person or telling anyone the youngster is not the boyfriend's organic kid. ****seem she is still MARRIED. Do not topic if he signs or would not sign she is married and he is liable. Obtained it. I read it I realize it. I do know that bio the bf is it. However marriage is A LEGALLY BINDING CONTRACT. You do not put a person into the role of "being daddy" when the DNA would not fit up. If she stays married>> the baby thinks DADDY is who she is married to. You don't must be a rocket scientist to grasp that.
2016-08-10 15:54:19 · answer #4 · answered by fontagne 4 · 0⤊ 0⤋
Yes, the husband will have to take care of the child, even if it isnt his, unless they divorce and its proven that it isnt his. By law he will be seen as the legal father. If he can prove the other guy is the father, they could probably get child support from him.
Alimony is based on the lifestyle set in the marriage, not he reason for divorce. If the wife didnt work or didnt make as much as her husband, the husband will have to pay alimony to keep her in the lifestyle she is use to living, no matter what the reason is for divorce.
2007-02-13 05:59:39 · answer #5 · answered by independent101 5 · 0⤊ 0⤋
Depends on what state you live in. I have heard certain states assume that the husband would be the father. I'm sorry if this is happening to you.
I would suggest getting a DNA test once the baby is born. If you don't want to be with this woman and are getting a divorce then get a lawyer to help you.
As for the alimony question, I would think it depends on who makes more money. If she makes more then SHE might owe you money. Even if she caused the divorce, she might still be eligible for money.
After the DNA test. If you are the father and don't want custody you will have to pay child support.
Talk to a lawyer NOW. Know what your rights are, only a lawyer will know all the laws.
For the child's sake and yours it is better to know if this really is your biological child.
2007-02-13 05:58:12 · answer #6 · answered by Jenn 5 · 1⤊ 0⤋
It depends on whether the couple gets a divorce. If they do not get a divorce and the father takes care of the child, he then is presumed to be the father of the child as far as child support goes. Even if years later, the couple get a divorce, the ex-husband will still most likely be responsible for child support payments. Courts are not in the business of bastardizing children or making taxpayers pay for a woman's adulterous ways. It's a public policy issue. Who else is going to pay for the child? The taxpayers. I don't think so.
2007-02-13 05:57:19 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Laws vary from state to state. You need to check within your state. However if the husband signs his name on the birth certificate or adopts his wife’s child then yes he’d be obligated to support that child up until it becomes of legal age. The husband should also know that any money that he’s paid out before he’s proven to be the father more than likely won’t be given back to him. Get a DNA test and be sure that the child belongs to the husband and if it’s not check with the laws of the state in which you live to see what obligations there would be.
2007-02-13 06:09:19 · answer #8 · answered by Pisces Princess 6 · 0⤊ 0⤋
Unfortunately there is something called "assumption of Fatherhood" and unless you get a DNA test before the divorce any and every child born into the marriage belongs to both husband and wife. As far as alimony that is determined by how long the marriage lasted, who was the primary bread winner in the family, and how long the primary bread winner supported the family while the other spouse did not work.
Get the DNA test BEFORE the divorce!!! Make sure you're not paying for someone else's kid.
2007-02-13 06:04:40 · answer #9 · answered by littlemama_rules 2 · 0⤊ 0⤋
it is fraud. it is also very incorrect to enhance a newborn telling that child his father isn't who he's. I take it your having sex with both adult men in the different case the husband will be smart to the child. Whoever informed you about nonetheless being married and the child is the husband's is carefully incorrect. reason is the DNA belongs to the different guy. you'll commit fraud no less than. How would you experience being raised through a guy who your informed is your dad and sorting out later on (believe me the newborn will discover out they continually do) that your mom lied to you and your entire existence is a sham? does no longer you experience poor? Why attempt this on your newborn? you want to get the divorce and bypass with the bf. in the different case enable the husband understand and be conscious if he nonetheless needs you. As I see it you've been separated way too lengthy now and want to get that dam divorce! *****no1advice, are you even taking understand the question? the female is separated, yet her husband gained't signal the divorce papers. She's pregnant through her *boyfriend* and is searching if the child will be seen *legally* (no longer biologically) the newborn of the husband in the adventure that they are nonetheless legally married at the same time as the child is born. no longer some thing grow to be suggested about deceiving anybody or telling anybody the newborn isn't the boyfriend's organic and organic newborn. ****look she continues to be MARRIED. do not count number if he signs and indications or would not signal she is married and he's responsible. were given it. I study it I comprehend it. i understand that bio the bf is it. yet marriage is A LEGALLY BINDING settlement. you do not placed a guy into the region of "being daddy" at the same time as the DNA would not tournament up. If she continues to be married>> the newborn thinks DADDY is who she is married to. you do not must be a rocket scientist to attraction to close that.
2016-12-04 03:22:29 · answer #10 · answered by ? 4 · 0⤊ 0⤋
No, the man she was knocked up by is legally the father. Why would the husband, who is not the child's father, be responsible for the kid? Maybe if he chooses to be and acts like the real father but there are no legal ramifications. As far as the divorce, who knows! It seems males get screwed more often than women in those situations.
2007-02-13 05:54:41 · answer #11 · answered by NLH823 3 · 0⤊ 0⤋