Legal Question in Family Law in Nevada

child support

If married for 1 year and get divorse, does father pay child support even if he is not biological father? Child has lived there full time and is not recieving any other income.


Asked on 5/08/08, 9:25 am

3 Answers from Attorneys

Jim Herbe Black & Lobello

Re: child support

Thank you for your inquiry.

If the child in question was born during the time of your current marriage Nevada law gives a presumption that he would be the father. It would also depend heavily on who the father listed on the birth certificate is.

If you know that your current husband is not the father your stronger claim for child support is against the natural father.

If you would like to discuss your matter in more detail contact my office to schedule a free consultation.

Regards,

Jim Herbe, Esq.

702.966.5686

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Answered on 5/12/08, 12:30 pm
James Smith James E. Smith Ltd.

Re: child support

If he did not adopt your child he has no legal obligation for support.

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Answered on 5/08/08, 9:53 am
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: child support

I disagree with Mr. Smith. If the Decree of Divorce names him as the father, he will be required to pay support. If child was born during marriage, husband presumed to be father even though not sperm donor.

He can ask for a DNA test but once the Decree is signed and six months has past, he will be required to pay support. If the case was done by default or he did not live with you in Nevada, the order can be set aside, even after six months.

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Answered on 5/08/08, 8:21 pm


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