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A friend of mine has been dealing with his wife, now ex wife's acholic problems for 2 1/2 years now. They just recently got divorced. My friend found out the child is not his. it is her bosses child. They have been having an affair all this time. My friend signed that he would pay child support knowing this child is not his however he didnt know about the other male, which is the real father is coming into the picture, living with the new family. is my friend really obligated for paying when the real dad is in pictuer. can he fight for what he allready put in. He at this time is not sure if he wants anything to do with the child he thought was his, its too paionfull for him to look at her now knowing shes not his yet he cares for her well being. he loves her still.

2007-03-22 15:27:31 · 6 answers · asked by cc 1 in Family & Relationships Marriage & Divorce

6 answers

Your friend should call an attorney. My guess (and I have quite a bit of experience in this although not a lawyer) is that he is obligated. Had he not known the child was not his, that would be his out - but knowing the child was not his and signing the paper to pay has obligated him. There was no fraud committed against him. I read a case study some time ago about a man who agreed to pay support, did not know the child was not his (but the wife did). They signed a Joint Parenting Agreement and when he found out the child was not his petitioned the court - the obligation to pay support was vacated but the visitation was not. This was because of the knowledge that she had when she agreed to give him visitation and the lack of knowledge he had when he signed. My best guess would be that if the real father wants to be really involved in the child's life and would not like him to be around, the happy couple might want him to sign away rights which would also likely terminate his obligations. He may be able to sign away his rights without her permission but it would be difficult. He should definitely consult an attorney. Good luck.

2007-03-22 15:35:46 · answer #1 · answered by sandy 3 · 0 0

AS the first person said get a lawyer cause :


Q: I’ve been paying support according to a support order for five years. I have reason to believe the child isn’t mine. If I get DNA tests and the child isn’t mine, what will happen?
A: In many states, once you’re declared the legal father of a child, that’s it. Such an order can’t be contested later on. In other states, the declaration might be subject to challenge under very limited circumstances.

Even if you can get the court to reopen the case, recovering the support you’ve previously paid is a longshot. First, it’s entirely likely the mother doesn’t have the money. Second, the right to demand DNA testing was yours in the first place, so there isn’t a tremendous argument for “rewarding” you for failing to assert your rights in the beginning.

2007-03-22 15:37:27 · answer #2 · answered by Amazing_clarity 4 · 0 0

"my friend SIGNED that he would pay child support knowing this child is not his"
personally, i think he is stuck.
stupidity has it's price and he will soon learn the price he is to pay.
perhaps the next time he is asked to sign something he will consider the consequences BEFORE he signs on the dotted line.
he may now have to pay for the next 15 1/2 years!!!

2007-03-22 15:46:13 · answer #3 · answered by Anonymous · 0 0

tell him to contact a lawyer and see what he can do. to me by rights he is the father of the child. he was married to the mother at the time, and supporting the child. but his best bet is to contact a lawyer. and fight for her.and if he has proof that is ex has an alchol problem, he might prove that she is unfit to raise the child. good luck.

2007-03-22 15:33:07 · answer #4 · answered by misty blue 6 · 0 0

Get the book rights. Then you'll have lots of lawyers to choose from.

2007-03-22 15:30:05 · answer #5 · answered by Buckwheat 2 · 0 0

If it's not his child there isn't anything he can do. Sorry, he has no rights. No matter what state he's in.

2007-03-22 15:30:11 · answer #6 · answered by Anonymous · 0 1

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