Kannapolis, NC asked in Child Custody for North Carolina

Q: If you found out you had a kid 9 years later not on birth certificate are you responsible for all 9 yr of child support

No one is on the birth certificate but the mom but she was married at the time

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1 Lawyer Answer
Adam Bull
Adam Bull
Answered
  • Divorce Lawyer
  • Asheville, NC
  • Licensed in North Carolina

A: potentially. If she was married at the time there is a presumption that her husband is the father which may give you some protection. At the same time you have a duty to make reasonable follow up on your actions to see if there was a child born. You also may be subject to action from the husband as it is now established you were intimate with his wife during marriage, although this may depend on whether they were together or separated and whether the statute of limitations has expired.

You also have potential claims for custody and or visitation, but would be responsible for child support from this point forward. Has husband acknowledged the child in any prior court orders? if so the issue may be moot.

Contact a family law attorney to assess your matter further.

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