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If I want to divorce my wife who is pregnant with a child that is not mine, do I have to pay child support after the divorce?

Houston, TX |

I am a Military man, and have two children with my wife in Houston, Texas. I want custody of them both but do not want to pay child support to the child that is not mine.

Attorney Answers 4

Posted

You can file for diovrce now but it cannot be finalized until the new child is born. You will want DNA testing to prove the new child is not yours.

You will need an attorney to represent you. There are many fine family law attorneys on this site. So check around and hire one.

Thank you for your service to our country.

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Posted

You should talk to a lawyer at the base legal assistance office. They can give you some general information and also put you in contact with a list of attorneys who are familiar with military cases.
Any child support or custody issues will have to be decided in state courts.

www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

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Posted

I agree with Attorney Brochstein. However, I want to expand on her answer a bit.

1) She's right about the divorce not being finalized until after the child is born. You're also going to want to do a judicial determination of paternity to let the court know it's not yours. Presumptively, it is because it was born during the marriage.

2) It's going to be tough to separate the two children from their half-sibling. Judges generally like to keep children together. If you want custody, you're going to have to fight for it and I'd strongly recommend consulting a local attorney. Keep in mind, if it's determined you're not the father of the other child, then you will not be liable for child support to that child but may have to pay on your other two.

I'd strongly recommend consulting a local attorney regardless.

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Posted

Not a military matter. adding appropriate practice areas.

That said, contact a family law attorney--in all states I am aware of the child born of a lawfully wedded union is presumed to be the child of the marriage. Paternity tests will be required to rebut that presumption.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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