If the child was born during your marriage then it is by law your child, unless your stbx can give you the name of a potential father…then you have to have the test done, have him assume paternal rights…not sure what all this would do with child support…if anything. Hopefully an attorney will answer because I’m not sure the exact steps you have to go through to prove paternity.
If you have the test done and find out the child is not yours that mean that you will no longer have anything to do with that child. You would not be finacially responsible but you also would not get visitations…

The answer to your question was discussed during our live podcast, you can find the recording here: … ly-9-2008/

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

I have been separated for one year. My wife refuses to sign any separation papers.

Married 10 years with one child 4 years old.

If I have a paternity test and the child is not mine how does that affect any child support?

My wife is now pregnant by her boyfriend.