Child Support Question

[Gun Runner]

Hey folks,

Hypothetical Situation:

I'm married to a woman who has an infant child with another man.  We want him to pay for the problem he caused.  Any possibility of collecting child support from him since we've gotten married?  What if my name's on the birth certificate?  Is that possible to un-do if there was proof it's not mine?  Is this a major problem?  

Thank You!

P.S. -  Feel free to have fun with this one.

[Gun Runner]

you're fulfilling that need, so he doesn't have to pay

That's about what I was thinking, so I had to ask.  It might just depend on the judge.

[Azrael256]

If you'll name a state, I'll pull up Lexis and look for you.

[Guest]

In most states, the person the woman is married to is the legal father of child..which given today's technology is crap, but there you go.

[Guest]

We want him to pay for the problem he caused.

So, he either commited a violent felony and should be in prison, or someone is being aleviated of thier own responsibility.

[TarpleyG]

We want him to pay for the problem he caused

First thing I'd do is reevaluate your position as a father if you think the child is a problem.  That is likely a bigger issue than you and your wife collecting a few bucks.

Greg

[SteveS]

In most states, the person the woman is married to is the legal father of child..which given today's technology is crap, but there you go.

Correct.  In most states, if you are married to the woman when the child is born, you are the father, no matter what the source of sperm.  

If I were you, I'd contact an attorney in your area that does family-law.

[El Tejon]

Well, it's usually a rebuttable presumption, Steve.

Gun, yes, most state statutes allow the custodial parent to collect support back to delivery expenses, which may be substantial depending (as always).  

Your name on the birth cert is usually a rebuttable presumption.  Relief from a paternity order because of new evidence (e.g. paternity tests) do transpire daily.

As Steve sez, it is within your best interest to consult an attorney who specializes in family law in your state.

[Gun Runner]

If you'll name a state, I'll pull up Lexis and look for you.

Minnesota.  I don't know what a Lexis is, but I appreciate it, thank you.

So, he either commited a violent felony and should be in prison, or someone is being aleviated of thier own responsibility.

Who's "being alleviated of their own responsibility" in this hypothetical situation?  Isn't the biological father 50% responsible?

First thing I'd do is reevaluate your position as a father if you think the child is a problem.  That is likely a bigger issue than you and your wife collecting a few bucks.

Greg

Father?  No.  Dad?  Yes.  The big issue is getting some money.

Perhaps if we were divorced and there was some DNA testing done she'd be in a better position to make the poor fool pay for this.