Who Is Responsible For Child Support?

child supportQuestion:

I recently had a child with a married woman who claimed she was separated.

Since she is still legally married to another man, my name is not on the birth certificate. Legally, am I responsible for child support since I am not the father in the eyes of the law?


While I am not licensed to practice law in your state, I can give some general guidance on this issue. The rest of my answer is based on my experience practicing law in Georgia as a licensed Georgia attorney.

Generally, a child born within a marriage is presumed to be the child of the husband. Therefore, you are correct. You are not the father of the child under the eyes of the law and are not obligated to pay child support.

Marietta divorce attorney Adam Sutton
Marietta divorce attorney Adam Sutton

However, in the event that they do get a divorce, the husband can dispute paternity and essentially have the child de-legitimized; meaning the presumption that the child is his under law is removed. At that point, assuming a paternity test proves that you are the biological father, you can he held accountable for child support.

Alternatively, if you decide you want legal recognition as the child’s father and, after a paternity test, you are proven to be the biological father, you could again be held accountable for child support.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Georgia divorce lawyer Adam Sutton, contact Cordell & Cordell.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

One comment on “Who Is Responsible For Child Support?

    i dated a woman for 3 and half years and we stayed together while shes married and had a baby now the husband knows and took the child

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