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If my husband father a child out of an extramarital affair will he be responsible for child support

If you are married and your husband cheats, the women gets pregnant, are you responsible for child support for that child along with your husband b/c you are married to him

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Attorney answers (1)

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If your husband has fathered a child, paternity is established and the mother seeks financial support from him, then he will be responsible for paying for child support. In Illinois, courts determine a non-custodial parent's child support obligation according to a formula. So, for example, for one child, the supporting parent is supposed to pay 20% of his net income in child support. The tricky part is defining "net income" -- which is supposed to mean all income from all sources. This could include income from a parent's husband or wife.

If the mother seeks child support, your husband should work with an attorney both to make sure that she establishes paternity (that he is actually the father of the baby) and to protect your money.

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Despina D. Karras
Sykora & Karras, Ltd.
P: 773.857.7173
dkarras@sklawonline.com

This information is not legal advice. If you need legal advice or services, you should consult an attorney who can help with your specific situation.
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