Tuesday, April 21, 2015

A woman is trying to persue child support for a child she had prior to her divorce from another man. Her husband at the time did not sign th...

Question

A woman is trying to persue child support for a child she had prior to her divorce from another man. Her husband at the time did not sign the birth certificate. who would be responsible for child support her ex husband or the other guy?



Answer

Her husband is the legal father if the child was born during the marriage unless the divorce says otherwise. Unless she really messed up and did a pro se divorce, the issue of paternity SHOULD have been spelled out in the divorce decree. I am gathering from the question that she screwed up badly, did a divorce pro se, didn't disclose the child, and now will have to spend a lot on lawyers to try and fix a problem that now may or may not be fixable.



Answer

This is a major issue that should have been addressed in the divorce decree. Were you trying to hide the fact that you had a child by another man during the marriage? The birth of the child should have been disclosed prior to a final order in the divorce being rendered. I can't imagine why you would post this question rather than taking all of the documents to an attorney for his/her review. You need an attorney to advise you and if you had one at the time of the divorce, you need to explain to him/her why you didn't disclose this child..



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