Q: Who is responsible for child support?
My brother had a relationship with a woman who is still married, but separated. She became pregnant. Said child is now two years old. The mother is trying to go after my brother for child support. Given that she is still legally married to someone else, who is legally responsible for paying child support? A paternity hasn’t been done.
A: If the mother believes your brother is the father she can open up a case with the Division of Child Support Services or hire a private attorney and file an action for paternity. The husband of the mother is presumed to be the father, however that presumption is rebuttable. And if your brother, through paternity testing, turns out to be the father, he is responsible for child support, and not her husband. I would advise your brother to hire an attorney if he is ever served with papers.
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