I am having a conversation with my girlfriend about this. I have heard that in some states if a man has a wife who has been unfaithful and the child is not his, becasue they were married he still has to pay child support. Is anyone familiar with that type of situation.
2007-05-18 13:28:19 · 13 answers · asked by sustasue 7 in Family & Relationships ➔ Family
People please do not assume that this is something happening to me. I just want an answr to the question!
2007-05-18 13:34:13 · update #1
i live in indiana and that is the case....if a woman is married and has a child, that isn't her husband, by law he is responsible for that child until DNA test prove that he is not the father
COULD NOT FIND THIS INFO FOR INDIANA, BUT HERE IS SOME FOR MISSISSIPPI
Mississippi law presumes that a child born to a husband and wife is the natural offspring of the couple. Paternity is presumed until proven otherwise in court. For a child conceived out of wedlock during the marriage, the law still recognizes the husband as the legal father who has parental rights and responsibilities to the child. This scenario acknowledges the existence of different legal and biological fathers.
In divorce proceedings, the court may declare the child was born out of wedlock, ruling the biological father as the legal father. However, the court may refuse to "bastardize" the child, requiring the ex-husband/legal father to support a child who is not his and denying the biological father of parental rights. If the divorcing parties do not raise the issue of paternity, they may be barred from doing so in the future.
2007-05-18 13:42:52 · answer #1 · answered by confused angel 3 · 1⤊ 0⤋
Even if he was under 18 if he is the father he has to pay child support. I'd go to court now as he will probably deny he is the father and you'll have to get a paternity test but yes, your child deserves financial support from both mother and father.
2016-05-17 05:46:47 · answer #2 · answered by ? 3 · 0⤊ 0⤋
The husband is responsible for the the children born during the marriage w/ his wife regardless of whether it's biologically his or not he would be expected to pay child support and would also have parental rights if they divorce.
2007-05-18 14:04:16 · answer #3 · answered by ? 6 · 0⤊ 0⤋
If he can prove the child is not his during divorce proceedings then he MAY not have to pay child support. A child born of a marriage is ASSUMED the husbands.
2007-05-18 13:42:38 · answer #4 · answered by Poppet 7 · 1⤊ 0⤋
really depends on the state, if married, living together, she puts his name down, yes he does, until he asks for D.N.A.results, and even if it proves he's not the FATHER, he is responsible for that child till a divorce goes through. is a mess, it happened to my girlfriends Son, in ILLINOIS, and she waited 3 years to tell him, it was another man's child, he had bonded with her by then, my friend and her husband were crushed, they were her grandparents, well the "ho' ended up taking the child with her, to start a new life. Hope this helps
2007-05-18 13:57:06 · answer #5 · answered by ? 7 · 0⤊ 0⤋
As far as I know in any state if you are married to her when she gives birth,you must pay child support.The only loop hole i know of for you is when she files for support through the child support agency go to their office and request a paternity test,which may be free or you may have to pay for but if you know your not the father it would be cheaper for you to pay for the test.
2007-05-18 13:35:49 · answer #6 · answered by acr_lover 3 · 0⤊ 0⤋
He can only pay child support if he did one of three things:
1. Signed an affidavit of parentage
2. DNA was done by the court
3. Waiver
2007-05-18 13:41:19 · answer #7 · answered by plumprump26 4 · 0⤊ 0⤋
No married or not if the man is not the father of the baby he is not obligated to pay support...
If he requests a DNA test and it comes back he is not the father, he is not obligated..
And in some places can sue for whatever he paid in support...
He is obligated to support his own kids, but not someone elses kids....
2007-05-18 13:40:55 · answer #8 · answered by Innisfil g 3 · 1⤊ 1⤋
Only if he adopted or became the legal guardian of the child. Like if he knew it wasnt his and he signed the birth certificate anyways and the real father gave up paternal rights. Yeah, they might make him pay.
2007-05-18 14:06:38 · answer #9 · answered by MJMGrand 6 · 0⤊ 0⤋
Husband is responsible for kids born during a marriage.
2007-05-18 13:34:23 · answer #10 · answered by Nort 6 · 0⤊ 0⤋