Legal Question in Family Law in Maryland

I'm getting divorced and my wife may be pregnant from an affair. There is very little chance that the child is mine due to a vasectomy 8 years ago. I understand that I'm presumed to be the father until proven otherwise via agreement or DNA testing.

What I would like to know is if it's possible for her to have child support (or other money related to the child/medical expenses) ordered for this unborn child prior to its birth?

If so, once my paternity is disestablished, would she then be required to pay me back?


Asked on 12/11/12, 6:43 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Child support doesn't begin until birth, although a father could be ordered to contribute to prenatal expenses. If she refuses to acknowledge that the child isn't yours, you could file a petition to establish paternity requiring dna testing. It sounds from your question that she would be in the early stages so if you file that petition now you may be able to clear it up before the child is born.

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Answered on 12/11/12, 9:19 am


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