Raleigh, NC asked in Child Support, Divorce and Family Law for North Carolina

Q: Can my ex-wife file child support against me for a child she had with a man while we were separated? Raleigh, NC

We have been separated since 2020 and both entered different relationships. My ex wife got pregnant in 2021 by a man and gave birth early 2022. We were finally able to be divorced on 2/2023 but now she is trying to file child support against me. How is this even possible? Could she have legally signed my name on any birth documents for her baby without me present?

1 Lawyer Answer
N'kia (NLN)
N'kia (NLN)
  • Cary, NC
  • Licensed in North Carolina

A: In North Carolina, when a woman gives birth to a child while married to a man, the man is legally the father of the child. It doesn't matter that the man and the woman are separated, only whether they were legally married. A man who doesn't believe he is the biological father of the child may request a paternity test.

A knowledgeable family law attorney can help with a custody lawsuit, including a paternity test.

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