Legal Question in Family Law in Alaska
child of a marriage
my husbands ex was pregnant before their divorce was final. it is not his child but she gave her his last name. his name is not on the birth certificate. should i be worried about any financial or legal reprocussions from this?
1 Answer from Attorneys
Re: child of a marriage
Your state law might be different from mind, so check your state's statute or ask an attorney in your state.
In my state, a child born of the marriage or within a certain number of days after the decree of dissolution is presumed to be a child of the marriage. It is a rebuttable presumption, meaning ex-husband can rebut the presumption with evidence of contrary circumstances -- that he was stationed at the South Pole without leave for ten months before the child was born, that chemotherapy rendered him sterile ten years ago, etc., -- or with blood/DNA test.
Financial and legal repercussions include child support, medical support, etc. It is possible that, if the bio dad does not support the child, mom will try to collect child support from ex-husband.