Legal Question in Family Law in New Jersey
Wife unfaithful
I have a good idea a child my wife just gave birth to is not mine. If this is true, would i still be responsible for child support and/or ailmony after we are divorced ?
3 Answers from Attorneys
Re: Wife unfaithful
ho, boy. there are LOTS of things that go with this. I suggest you sit down with an attorney pretty quickly. DNA testing on you and the baby will probably tell you if you are NOT the father. testing on you, her and the baby will certainly tell you (if she will consent to it) whether you are the father. That does NOT solve the issues, however. Go see an experienced divorce attorney. You will want to think very very carefully about this. And be aware that if you ask the question, and that baby is yours, you may do a huge amount of harm to yourself (like this: 'how dare you accuse me.....i want a divorce from you, and it is your baby!' now, you get divorce and do have to pay child support for at least 18 years).
See a lawyer. Think about it carefully before saying or doing anything.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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Re: Wife unfaithful
There is a presumption that any child born to your wife during your marriage is your child but that presumption can be overcome with a DNA
test that shows it is not your child.
To get a Court Order requiring a DNA
test you would have the burden of providing a reasonable basis to your belief that you are not the father of the child.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Wife unfaithful
Yeah, I agree with Mr. Davies, this could be a big can of worms. However, I do suggest that you meet with an attorney and make your choice now. If you proceed as the father and then find out years down the road that your not, the Court is still going to hold you as the father and you will continue supporting a child that's not even yours. Bottom line, if this child's not yours and you find out now, there will be no child support.
However, alimony has nothing to do with that and you may still have to pay alimony.
You have a lot of issues you need to deal with right away. My initial consultations are always free. Feel free to give me a call and we can discuss your issues and then you can decide how to proceed.
Good luck!