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madusall · Feb 2, 2012, 07:48 AM

My husband's infidelities has caught up with him and he now has an infant from another married woman. He has legally given up his parental rights as agreed between both himself and the other woman. She has taken him for child support and the court date is within the next few weeks. Will he have to pay child support in the state of NJ because her husband has not legally adopted the baby or is it by default because it is her husband?

Thank you!

Fr_Chuck · Feb 2, 2012, 07:55 AM

First how did he "give up his rights" Since if you don't even know who the legal father is, how could they give up rights.

It is almost impossible to give up rights, they would have had to go to court and the judge would have had to sign off giving away rights. IF they merely talked and agreed to "give up rights" and signed some silly paper not done in court, it is worthless, no value what so ever.

Next normally yes the husband is considered the legal husband until it is questioned in court. The husband can contest this in court and the wife (mother) can file for support against the real bio father. The court can then declare him the father and order him to pay child support.

So since she is filing to get child support, it is obvious 1. no rights were signed away 2. they are contesting husband as father. 3. he will have DNA test and have to pay child support.

madusall · Feb 2, 2012, 08:14 AM

Thank you for your response, but let me clarify.

A dna test has been done and my husband is the biological father. Both he and her went to court and he has a document stating that he has given up his rights. My apologies if I was not clear. A few months later like now she has decided to initiate the request for child support. If this can happen will my income come into play because I am married to him? If so, then I will move forward with a divorce considering I am leaving him anyway.

Once again, thank you for your reply.

madusall · Feb 2, 2012, 08:24 AM

To Fr_Chuck

My husband's infidelities has caught up with him and he now has an infant from another married woman. He has legally given up his parental rights as agreed between both himself and the other woman. She has taken him for child support and the court date is within the next few weeks. Will he have to pay child support in the state of NJ because her husband has not legally adopted the baby or is it by default because it is her husband?

A dna test has been done and my husband is the biological father. Both he and her went to court and he has a document stating that he has given up his rights. My apologies if I was not clear. A few months later like now she has decided to initiate the request for child support. If this can happen will my income come into play because I am married to him? If so, then I will accelerate the initiation of a divorce.

Once again, thank you for your reply.

Cat1864 · Feb 2, 2012, 08:33 AM

Just as clarification: Did your husband give up his rights as father to clear the way for the woman's husband to adopt the child? However, the husband hasn't and now she is attempting to get child support from your husband?

smoothy · Feb 2, 2012, 08:35 AM

He didn't give anything up... because a man and a woman don't have the legal authority to do that... only a court can take them away, and its always in conjunction with someone else adopting the child.

He's the father... there is no required adoption... its still his, unless someone else adopted it.
If someone else has adopted the child... then he is no longer on the hook for support... but until that happens, he's the father and he's liable for support.

There are no legal documents parents can simply sign to give up their rights... this is a child... not a used car.

His income will factor into what his support payments will be... not yours.

madusall · Feb 2, 2012, 08:47 AM

He gave up rights because he wanted no part of the child's life considering he has a family of his own. The thing is he just discovered that she said her husband treats this child different and does not support the baby financially, therefore she feels that she can get money from the biological father (my husband) for assistance. His parents want to work something out on the side to assist her whenever she needs (saving receipts, etc), but he feels that going about this the legal way will avoid any loopholes that may come back to haunt him. His parents have even opened up a bank account for the child to record all funds that are contributed to the account. I'm not sure how this helps.

Thank you!

madusall · Feb 2, 2012, 08:53 AM

Hello all,

I immediately clarified with a reply that my husband legally gave up rights as agreed by both parties through the court system which is why I stated legally.

Thank you for your advice and responses.