Legal Question in Family Law in Missouri

paternity/divorce

i married a woman because she claimed that her impregnated her. I married her after the child was born. six months into the marriage it fell apart and she moved out 9 months later sep 2008. Feb 2009, I took a paternity test and it turned out that the child is not mine. I consulted a lawyer and he said that if I file for divorce I have to pay childsupport and daycare fees until the biological father is found. I just can not afford to do that I already pay childsupport for my other 2 kids. Why do I have to pay childsupport when he's not my child?? I've married her to provide a family for that child not because I was in love with her. She knew that was not my child and she lied about it and deceived me through out the whole marriage. What can I do in this situation??? why am I being punished when she lied?? and what if she does not know who the father is??


Asked on 3/30/09, 12:10 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: paternity/divorce

You should file a Petition for Dissolution, and in that case seek a judicial determination that you are not the father of that child based on the DNA. Your wife should not be able to get an order for child support pending the litigation since the law does not presume that you are the child's father as it would if the child had been born after the marriage. I disagree wtih the advice given you by that other attorney. Please consult with an attorney, and you may feel free to contact me if you wish.

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Answered on 4/02/09, 12:54 am


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