Before I got married to my husband, I was raped and had a daughter. My husband then took her in as his own child when she was 2. He signed papers to acknowledge paternity and she is the only father she has ever had. Now that we are divorcing, he does not want to pay any child support. Is this right?
2007-02-13 06:06:03 · 33 answers · asked by ♥ Lady L ♥ 3 in Family & Relationships ➔ Marriage & Divorce
He signed papers acknowledging paternity to her, not papers saying " I'll be her father for now, while her mom and I are together."
2007-02-13 07:25:22 · answer #1 · answered by littlemama_rules 2 · 1⤊ 1⤋
Hmmmm...complicated situation.
However, I would think that since he signed the papers to acknowledge paternity that he would be responsible for child support.
You might consider getting child support from the man who raped you. I imagine that would be a stressful situation, however.
How come your husband suddenly does not want to acknowledge your daughter as his child? Is the marriage so bad that he no longer loves her or wants anything to do with her? That is a real shame.
Good luck.
2007-02-13 06:25:56 · answer #2 · answered by Deana 4 · 0⤊ 0⤋
Well there is the legal aspect of it and the moral aspect of it. Legally if has accepted paternity he should pay. But let's assume he laterhe suspects that he is not the father and takes you to court and asks for a DNA test and is deemed not the father he is not reposible for child support. The only way he would be responisible if he has legally adopted the child or if he has admited on the recod in court that he is the father. In this case he has giving his right to a test. Now moraly I would say yes he can help out if it's in his heart. I sure would.....
2007-02-13 06:11:22 · answer #3 · answered by Anonymous · 2⤊ 0⤋
If he acknowledged paternity he does have to pay child support. More important though is your daughter and her relationship with her father. I hope your husband is still active in her life.
2007-02-13 08:56:59 · answer #4 · answered by tomimegi 4 · 0⤊ 0⤋
No, he is not. I know this because I have dealt with the same thing. My son was from a rape as well. My ex paid child support for 10 years and decided he wanted to use the money for other things so he got a DNA test done to prove he wasn't the father. It voided the paternity papers and he no longer has to pay child support and he no longer has any visitation rights.
Check with a lawyer for sure though because there may be different laws where you are. Many give free consultations.
2007-02-13 06:10:18 · answer #5 · answered by The Steele's 3 · 2⤊ 2⤋
If he in fact went thru the legal process and adopted the child ( the same as acknowledging paternity) he is the father to the child the same if he were her natural father. Period. Make the bum pay!
2007-02-13 06:16:36 · answer #6 · answered by P/T Doctor 2 · 1⤊ 0⤋
If you legally adopt a child you are treated as that childs parent from that point on. I do not know what Paternity Papers are.
You really should talk with an attorney or some Court Houses will have attorneys on duty that are free.
2007-02-13 06:13:14 · answer #7 · answered by Bob 4 · 2⤊ 0⤋
If he has raised her as his own and this is all she has ever known...Absolutely! He took on that role in her life and now he wants to back out? How is that going to affect this child? Also, if he signed the paternity papers, knowing full well that he was not her father, then it's his own fault! That child is his! End of discussion.
2007-02-13 06:11:31 · answer #8 · answered by Tee 2 · 1⤊ 1⤋
Your husband accepted that child as his and put his name as her father on paternity papers. He is responsible for child support. The same thing would apply if you both had adopted children together. You need to hire an attorney and start the proceedings. Thank you and good luck.
2007-02-13 06:11:13 · answer #9 · answered by cookie 6 · 1⤊ 1⤋
morally not right, but legally I think he is right. Most courts wouldn't enforce a child support order for anyone but the biological father. the papers he signed can be contested. a judge might grant you an increased spousal support due to them, but doubt the child support order.
2007-02-13 06:24:21 · answer #10 · answered by sir_gallant68 1 · 0⤊ 0⤋