Paternity ? and child support


#1

I’d say the decision is up to him, ultimately, but it all depends on the consequences of his decision–will you divorce over it? How does he feel about this child?

As far as college expenses, those are not required to be paid by either parent unless he gave up that right in his custody agreement.

In my opinion it is going to split your marriage and put him in a terrible spot to choose between one decision and another. If the primary consideration is money, I would ask your pastor or a counselor for guidance, because acting on this will definitely have some very ugly and painful ramifications. Consider the child who will now have no one to call “dad.”


#2

Dear ladybug1965:

Greetings. He would need to dispute the paternity in a timely manner and without speaking with him directly and reviewing the documents he has, there is no way I can tell him whether or not he can now dispute the paternity issue. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

My husband has children from a previous marriage. It has come to his attention that one of his kids is not actually his and this can be proved by a blood test. Is he still responsible for child support if it is established that he is NOT the biological father? The real father is deceased and my husband has raised this child as his own and my husband is named as the father on the birth certificate. If he is not responsible for child support then is he not responsible for paying half of the child’s college education? Basically, does it void this part of the divorce AND would the mother be responsible for reimbursing the child support paid over the years.