My wife and I are still married, but we are considering a divorce. She recently had a baby that I do not believe is mine because she frequently has cheated on me.
If I were able to get a DNA test proving the child is not mine, would I still have to pay child support since the child was born while we were married?
While I am not licensed to practice in your jurisdiction, I can provide you with some general divorce help for men regarding your paternity law issue.
The issue of paternity should be dealt with immediately. In your case, it appears that you would want to establish the nonexistence of the parent child relationship.
If you are filing for divorce, your position on this should be made clear to the court as soon as possible. If you are not filing for divorce, you will still want to determine paternity and begin the legal process.
Generally, if a party does not object or argue against paternity, it may be possible to argue that the party is a presumptive parent. In that case, child support may be ordered by the court.
How Much Will You Pay?
If you are able to prove that the child is not yours and you meet your state’s requirements for nonexistence of a parent child relationship, child support should not be ordered. The statute of limitations to disclaim paternity varies in different states.
Also, it appears that you will need to get a genetic test, and that you may need the court to order such a test if there is no agreement to a DNA test.
With regards to genetic testing, make sure that the laboratory you choose is certified and court-approved in your state to ensure valid results that are accepted by the courts.
Again, I am unable to provide you with legal advice on divorce and this should not be construed as an attorney-client relationship. Consult with a mens divorce attorney.
To schedule an appointment with a Cordell & Cordell mens divorce lawyer, including Maile Kobayashi, an Associate Attorney in the Boulder, Denver, office of Cordell & Cordell, please contact Cordell & Cordell.