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Military member deployed going through divorce wife pregnant by non service member.

Houston, TX |

My brothers is deployed he is going through divorce his wife got served, they have three children. While he was deployed she got pregnant by another man (non service member). Under state law in which they are divorcing it is PRESUMED child is his. Divorce is at standstill due to her not fully paying her lawyer. She is under tricare, once court recieves child is not his will she have to pay back all expenses made throughout her pregnancy?

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Attorney answers 1


Assuming that we're talking about a Texas case, I think the first question is whether or not they'll be able to et divorced while she's pregnant--the problem may not be her not having paid her attorney. Normally, you can't finalize a divorce while pregnant, because yes, the legal presumption is that the baby belongs to the husband, and typically, the judge will hold off on doing anything with the divorce until the baby has been born and DNA testing can be performed to determine who the father really is. It's possible that this situation might be a little different, because I'm sure there are multiple people who could come testify or provide affidavits to the effect that the husband was halfway across the world during the time period surrounding the conception (which is a little different than the usual situation where the husband just doesn't want anything to do with the wife or child after finding out about the affair), and the actual father may be willing to acknowledge paternity now. I think there may be a Family Code provision that would support taking "access" to the wife into account when determining paternity, but I wouldn't swear one way or the other without looking it up. So if all that comes together, maybe the divorce actually can proceed. If so, I really don't see there being much chance of the wife being ordered to do anything regarding reimbursement of medical insurance. For insurance purposes, at least, pregnancy is considered to be a medical condition, and it's just not legally relevant that her medical care ifor a pregnancy caused by another man s currently covered under Tricare because she is your brother's wife. If your brother has had to personally expend funds related to the pregnancy, I'm sure his attorney will ask for that to be taken into consideration when the marital property is divided, and the judge can then decide what a fair and equitable division would be under the circumstances.

Fran Brochstein

Fran Brochstein


Great answer based on the limited information provided! I assume husband has a competent family law attorney representing him. If not, he needs one pronto!

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