If a person finds out that during the marriage thier wife carried another man's baby do they have to pay child support?

Milwaukee, WI Viewed 20 times. Posted 28 days ago in Family

a friend of mine is in process of divorce, he found out that his wives and his baby, or rather the baby that he thought was his, is not really his. If he asks for paternity testing and it comes out that it is not his child, will he still have to pay child suport? they have been seperated for a long time already, however he has finally convinced her to file for divorce as she would not before this. He cannot afford to, and she is living with who we belive to be the child's real father. This is why he was asking her to file. We just want to know how this works in the state of wisconsin.

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Answers (2)

Ronald K. Phillips

This attorney is licensed in Wisconsin. Posted 27 days ago.

During the course of the divorce, your friend can contest the paternity of the child. If he is proven not to be the father, then he has neither parental rights or responsibilities. If he has been paying child support during the separation, he may be able to claw that money back. Your friend needs an attorney, soon.

(there is a 2000 WI case called State v Richard that discusses a similar set of circumstances, though it is not published it may be useful as a reference for other citable precedent).