Legal Question in Family Law in California
my son was in the army, married in korea, has been living seperatly from his wife for the last 3 months, she is now pregnant by another man and my son wants a divorce, is my son responsable for the child or child support since the child is not his and he and his wife have been living seperetly for so long?
2 Answers from Attorneys
If your son is not the father of the child and is living separate from his wife, he should not be responsible for the support of the child.
The presumption that a child is a child of the marriage does not apply if the parties are not cohabitating.
�Except as provided in Section 7541, the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.� (Fam. Code, � 7540.)
The presumption of Family Code section 7540 does not apply if the parties were married, but not cohabiting. (Brian C. v. Ginger K. (4th Dist. 2000) 77 Cal.App.4th 1198, 1204-1205.) �Cohabiting� means living together in a marital household and sharing day-to-day to life. (Steven W. v. Matthew S. (1st Dist. 1995) 33 Cal.App.4th 1108, 1115.)
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