Does the law require a Married man to pay for a child he fathers from another women.  He already has a two year old child with his wife and wants to stay in his marriage.  Paternity Testing will be done.
I have heard that if he stays married the wife is also considered responsible for the payment.  
The pregnant "other woman" is not planning on pursuing financial help, but, she is barely making it on her own. (They are from Texas and over 30 years old. The male, the wife and the pregnant woman all have full time jobs.)
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I am 5 months pregnant by what I thought to be a very kind man who I have known and worked with for about 8 years now. We family became intimate about 5 months ago and it was still going on until he found out by a co-worker that I was pregnant. He's mad at me now and wants me to get an abortion because he's married! I really care about him and I believes that deep down he cares about me but now he's afraid his wife will find out! What should I do to keep our friendship/relationship alive? We've had sex several times and he never ask for a rubber but now he regrets not using one like it's all my fault1 What legal rights do I have if he decides to back away from this child?

Depending on what state you are in, you can have him sign an acknowledgement of paternity form , which heprobably won't if he is worried about covering his own but, if not you may have to arrange for a court ordered DNA test, once he is determined as the father he will be responsible for child support and possibly a portion of you medical expenses.

The man's wife's income is not considered in child support calculations .

If the child is yours, YOU WILL have to help support it. I don't know about your wife, but I don't think her income plays into it. I know people who are married now who have children from a previous marriage and the man is solely responsible for the child support. But yes, you are going to have to pay child support if the baby is yours.

2.5 years later, I think he has figured it out by now.

Normally the man would be responsible for supporting the child that he fathered, regardless of his and the mother's marital status. The wife, on the other hand, has no legal obligation to provide support as it is not her child. However, if the mother "doesn't plan on pursuing financial help", which I take to mean she isn't going to initiate legal action then the father will not be compelled to pay anything.

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Originally Posted by CaptainForest

2.5 years later, i think he has figured it out by now.

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Look at the dates on the various posts and observe the pattern:

Original post: June 10, 2003 (obviously ancient by now)
1st. Response: Feb. 11, 2005 (over a year and a half later)
2nd response: Feb. 20, 2005 (1st response was still fresh, though the original post was long outdated)
3rd. Response: Mar. 31, 2005 (previous response is pretty stale by now)
4th response: Yesterday, Dec. 6, 2005. This pushed this thread to the top of the list, giving the appearance of being a new thread.
Two more people, including myself, have since responded, seeing this thread at the top of the list, despite its age, and believing it to be a new thread.
Let's all make it a point to check the date on the original post and, if it's old, don't respond. That'll keep it at the bottom of the list and no one will be tempted to respond to it.

Too old... ha... lol... gee... old questions do get new answers... I don't follow directions...

Had child support in the 80's and wife was going to receive a tax return... but government grabbed it to pay back child support payment I owed... lol... did she get and mad a me?. yes...

Yes, he being married may actually go against him in court to a lot of pro family judges.

But up to the maximum amount allowed to be garnished from his pay, he will pay for any and all children he has (in or out) of marriage.

Plus the child's mother if not know, can always file for more support as the years pass and as relationships change and as income changes.

I am not use about TX but often the wife income is considered in household income to the court in determining what is fair child support.

Best bet, try to reach a fair settlement before going to court

I'm in the same situation... I had a baby on August 14, 2007 by a married man (I didn't know he was at the time I was with him)... we worked together and no one mentioned a wife (and especially not him)... I luckily was able to get his SSN (no thanks to him), and now we have a court date in March... I'll let you know what the court decides.

Believe me if it is yours and, you are marries you will pay child support and, rather you want to stay married or not, she may leave you and, then you will be paying child support to her as well. Good Luck!! Keep your pants up

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Originally Posted by Melba

Does the law require a Married man to pay for a child he fathers from another women.  He already has a two year old child with his wife and wants to stay in his marriage.  Paternity Testing will be done.
I have heard that if he stays married the wife is also considered responsible for the payment.  
The pregnant "other woman" is not planning on pursuing financial help, but, she is barely making it on her own. (They are from Texas and over 30 years old. The male, the wife and the pregnant woman all have full time jobs.)
.

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Whether wife's income will be considered depends on the State but, yes, married or not the father is responsible for supporting the child.

The State may force the mother to pursue financial help - how does she plan on supporting the child without assistance?

Oh girl, if he backs out you don't even have to be worried about that. If he fathered that child even if he doesn't want to sign an AOP (Acknowledgement of Paternity), all you have to do is go to your local attorney general's office and they will find him and court order him to take a paternity test and if he doesn't show up he will be fined or put in jail. Once the paternity is established he will be ordered to pay child support and medical insurance for the child and you can set up a visitation schedule from there. If doesn't pay it will be garnished from his wages and tax returns so if he backs out even if he voluntarily gives up his rights (depending on which state you are in) he will still be responsible for child support. So you are covered if that happens unles he tries to be slick like my son's father and work jobs that only pay cash or switch jobs as soon as his wages are garnished but even then they will owe back child support. Your child is entilted to that support from his father.