Legal Question in Family Law in New Mexico
Child Support of one time sexual incounters
A woman says my husband had sex with her one time and they were not married or even lovers. She got a baby and now is sueing him for child support. He is handicapped can not work and has none of his own money. I am married to him and work a job as a teacher with minimal salary. Do I have to pay her because I am married to him?
1 Answer from Attorneys
Re: Child Support of one time sexual incounters
In a word, the answer to your question is NO. Your husband can go to the Child Support Enforcement Office in your town and "apply for services." At this place he can ask that a Paternity Test be performed. That will prove or disprove the woman's claim. If he is proven not to be the father then the case will go away (in a manner of speaking). If he is proven to be the father then some arrangement for child support will be made. They will not count your money for his child support. They will only count his money. If the only source of his income is the social security then child support will not be very high.
Good Luck.
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