[sadgrandma1]

My son is in the Military and resides in North Carolina. His home state is Wisconsin. He is currently getting divorced after a 2 year marriage. He knew when he got married that his pregnant wife may be pregnant with a child that was not is due to "rape". He loved her and decided to be a father. His name is on the birth certificate. The child is now 18 months old and the mother is cheating and has been cheating. My son can't handle this anymore and has decided that he should not be responsible for supporting either one of them and would like to get his name off the birth certificate. Is this possible and will he be responsible to pay child support for a child that has been proven by paternity test to not be his?

[stinawords]

Well, he is legally the father so at this point he will be responsible for paying child support. He would have to convince the judge to order a DNA test to prove that he is not the father and the sooner he does the better. Once proven not to be the father he shouldn't be ordered to pay support. However, he should know that some states have a statute of limitations to challenge paternaty. And of course he will have to say more than "well, I thought at the time I would want the kid forever so I married her and let my name go on the birth certificate fraudulently". I'm not trying to say anything bad about him but by letting his name go on a birth certificate of a child that he knew wasn't his was fraud on both his and her part. And there can be serious consequences for that. I don't think he will get any jail time or anything over it but it will take a lot to convince a judge.

[GV70]

891.41 Presumption of paternity based on marriage of
the parties. (1) A man is presumed to be the natural father of
a child if any of the following applies:
(a) He and the child's natural mother are or have been married
to each other and the child is conceived or born after marriage and
before the granting of a decree of legal separation, annulment or
divorce between the parties.
(b) He and the child's natural mother were married to each
other after the child was born but he and the child's natural mother
had a relationship with one another during the period
within which the child was conceived and no other man has been
adjudicated to be the father or presumed to be the father of the
child under par. (a).
(2) In a legal action or proceeding, a presumption under sub.
(1) is rebutted by results of a genetic test, as defined in s. 767.001
(1m), that show that a man other than the man presumed to be the
father under sub. (1) is not excluded as the father of the child and
that the statistical probability of the man's parentage is 99.0% or
higher, even if the man presumed to be the father under sub. (1)
is unavailable to submit to genetic tests, as defined in s. 767.001
(1m).


767.803 Determination of marital children. If the father
and mother of a nonmarital child enter into a lawful marriage or
a marriage which appears and they believe is lawful, except where
the parental rights of the mother were terminated before either of
these circumstances, the child becomes a marital child, is entitled
to a change in birth certificate under s. 69.15 (3) (b), and shall
enjoy all of the rights and privileges of a marital child as if he or
she had been born during the marriage of the parents. This section
applies to all cases before, on, or after its effective date, but no
estate already vested shall be divested by this section and ss.
765.05 to 765.24 and 852.05. The children of all marriages
declared void under the law are nevertheless marital children.


767.855 Dismissal if adjudication not in child's best
interest. Except as provided in s. 767.863 (1m), at any time in
an action to establish the paternity of a child, upon the motion of
a party or guardian ad litem, the court or supplemental court commissioner
under s. 757.675 (2) (g) may, with respect to a male,
refuse to order genetic tests, if genetic tests have not yet been
taken, and dismiss the action if the court or supplemental court
commissioner determines that a judicial determination of whether
the male is the father of the child is not in the best interest of the
child.

[GV70]

Is this possible and will he be responsible to pay child support for a child that has been proven by paternity test to not be his?

Yes,he will be responsible to pay child support notwithstanding he is or he is not biologicaly related to that child.