Q: Am I responsible for child?
My wife filed for divorce three years ago and moved out. The divorce is to be finalized in Jan 2016. She has just divulged she is 5 1/2 months pregnant to another man. It is 100% impossible the child is mine I have only seen her twice (in court), and it is impossible for me to father children for last 15 years due to medical procedure. Can this have some impact on the divorce such as her attempting to receive additional support from me? If so is there or what paperwork do I need to file to ensure I am protected?
A:
Interesting situation. I don't think the judge would order you to support this new child as the timeline and, if needed, DNA test and medical evidence would support your contention the kid isn't yours. Your wife might still try to get child support from you, of course. Until she does try something, there is no preemptive paperwork I know of you can file to show the kid isn't yours.
Andy
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
