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my2229 · Mar 21, 2007, 10:07 AM

Man was married to woman. The woman had an affair during the marriage, had a child. The man or husband rather was present during the birth and was put on the child's birth certificate as the father. Even though he is not the father and now they are divorced does he have to pay child support? The child is now 12 years old; they were divorced when he was 6 yrs old. Can the ex-wife be made to find the real father for shild support? Is it really legal for him to be listed and pay support when the real father is out there somewhere. We all currently live in NC.

ScottGem · Mar 21, 2007, 10:11 AM

The fact that he signed the birth certificate and supported the child for 6 years is acknowledgment of the child. The fact that he has waited so long to contest his parentage works heavily against him. EVen if a paternity test now shows he isn't the bio father, the courts may still require him to support the child under these circumstances. The ex husband NEEDS to consult an attorney on this one.

P.S. You might want to also read my response to the comments you made in this thread:

https://www.askmehelpdesk.com/parent...ain-74311.html

Obviously you are bitter about this, but the blame rests greatly on you.

Fr_Chuck · Mar 21, 2007, 01:39 PM

Also it may come down to where they lived at the time the baby was born, and the such, many states have that if a man is listed as the bio father on the birth certificate, and does not challenge it within a certain amount of time, then for all legal purpose they can be held liable for child support.

In other places if they prove by DNA they are not the father, they can get off the child support ( if they want to)

I would assume after being the child's dad for 6 years he has emotional and close ties to the child, I can't see how he could or how he would want to stop being the father even after finding out. To me, they would have to use DNA to force him from stop seeing the child and he would be fighting hard to stay in her life, since he is her "father" in all the real sense of the word, just not the sperm donor.

But if he wants to cut ties,he will need an attorney a DNA test and file motions with the court, Nothing is automatic