Dickinson, ND asked in Child Support for North Dakota

Q: I have 2 children one is not my ex husbands does it effect child support?

I have 2 children one of them is my ex husbands, the second was born while i was still married but is not his, can i be denied child support for my oldest who is his because my 2nd child isnt his but the state is saying my 2nd is his because i was still married even though ive expressed shes not. Can they only do child support on both children and not one?

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1 Lawyer Answer

Nicholas Nelson

Answered
  • Wahpeton, ND
  • Licensed in North Dakota

A: Each minor child is entitled to child support. Generally, whether you were married when the child is born is merely a factor for the court to consider. The court will also consider whether a person other than the paternal father held out the child as his own child and acted in the capacity as father. Child support can be particularly difficult when dealing with more than one father coupled with a divorce - you should seek a licensed attorney to assist you in this matter. Good luck to you!

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