Legal Question in Family Law in Nevada

My husband of 11 years and I are divorcing. We live in, married in, and our children were born in the state of Nevada (Clark County). I was 6 months pregnant with another man's child at the time that we married, which my husband was fully aware of. Upon the birth of my son, he insisted upon putting his own name as my son's father, on the birth certificate. I refused to do it myself, so he did it. Now that we are divorcing, he is refusing to pay child support for this son, and insists that he will only be required to pay for our younger biological son instead. Will he be required to pay support for both sons, if he never disputed being the father of my 10.5 year old son, during his entire lifetime?


Asked on 1/30/11, 5:51 pm

1 Answer from Attorneys
Marshal Willick Willick Law Group

Probably yes. There is precedent for this situation in several states. The basic principal is one of "estoppel" -- by having held out the child as his own, he is "estopped" -- prevented -- from denying it now. But you will need to have the assistance of qualified counsel versed in such matters. If you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.

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Answered on 2/09/11, 9:05 am


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