Will my ex husband have to pay child support if the childI'd not biologically his?

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1. Licensed in GA

   

   Daniel Rice

   Lawyer

   Contributor Level 16

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   Answered January 25, 2013 14:21. A person who is not the biological or "legal" parent of a child is not legally required to provide for child support. While a husband is presumed to be the legal father of a child born during their marriage, if there is sufficient evidence to rebut that presumption, then the husband is not obligated to pay child support. Also, if there is sufficient evidence to rebut the presumption of paternity, the husband has no legal rights re: the child. If your husband wants legal rights to that child, he may attempt to adopt, but that would introduce a host of other issues, and with the divorce, that complicates matters further re: possible adoption. I advise that if you and your husband do divorce, you need legal counsel to represent you. Good luck.

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2. Licensed in GA

   

   Glen AshmanPro

   East Point Divorce / Separation Lawyer

   Contributor Level 20

   

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   Answered January 26, 2013 19:24. In Georgia, your husband is legally presumed to be the father. It is a rebuttable presumption. However, if neither of you affirmatively rebut the presumption, your husband well could end up with custody or visitation, and be compelled to pay support.
   
   In these cases, it is essential that you have a lawyer. I highly recommend in these cases that a DNA paternity test be done, and that appropriate paperwork as to paternity be filed in the divorce. Not doing things right can create future legal problems for you, your husband, the bio dad and the child.

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