Legal Question in Family Law in Alabama
Divirce Obligations
When I married my wife had a 3 month old child. I signed the birth certificate when the child was 7 months old giving her my name. Since then we have had a child who is now 6 mo. old. After being married for 18 mo., my wife has presented me with divorce papers and is seeking support for both children and half of my belongings.
Am I responsible to pay support on the child she already had of which I am not the father?
Are all of my belongings including property owned prior to the marriage subject to being divided with my wife?
1 Answer from Attorneys
Re: Divirce Obligations
the law in alabama provides that the father of a child must provide certain support. whether you are the father of the first and/or second child is the first question to be addressed. the first child is not presumed to be yours if you were not married to your wife when the child was born. however the birth certificate could be evidence of parantage, although not the sole and conclusive evidence. the second child is presumed to the the child of the husband if the child was born during the marriage, although this presumption can be rebutted. if you are the father of both children you will have to provide child support for both, but parentage is a matter of proof (probably dna evidence). property of the marriage is divided in a divorce. what is property of the marriage can include property acquired before the marriage, but this is not a hard and fast rule. there are many factors involved in determining property division in a divorce. on all of these issues you need to contact an attorney and consult with him face to face with all of the facts at hand. please call me if you have any further questions at 205-879-9595.