Legal Question in Family Law in New Mexico
Do I have to pay child support??
In Sept. 94, my wife gave birth to a boy. We divorced in Mar. 95. I never thought he was not my son, but then my ex-wife told me that there was a pretty good chance that he was not my son. We took a paternity test in '96 to confirm that he was not my son.
I got a phone call from the father of the child at work asking me if we took the paternity test. I told him that I did and he said that he would take care of the financial liabilities.
Today, I get papers serve saying I owe childsupport. Am I liable for the financial support of someone else's child? My name is on the birth certificate but that's because I thought he was my son. I do have proof saying that the child is not mine. What should I do??
2 Answers from Attorneys
Re: Do I have to pay child support??
Courts are all over the place on this one. You must check with a local lawyer who knows the law in your state.
Some of the findings are -- although the opposite may be true in other courts:
You are the husband, you are responsible for any child your wife bears. (Accident of birth: Years ago, the woman was your chattel.)
You began paying for someone else's child, you shall continue paying EVEN AFTER proving you are not the biological father.
You are the husband and another man is the bio father, you've been paying
and you shall continue paying.
You supported the child of your wife from a
previous marriage, and the natural father has never seen the child nor has shown interest in seeing the child, and the child has considered you his father for 13 years, but you
do not have visitation rights with the child upon divorce from its mother.
So you see, logic and fairness do not necessarily apply.
Not knowing the law in your state, it is impossible to guide and advise you. Please please please, for your own sake, consult a local lawyer QUICKLY.
Good luck.
Re: Do I have to pay child support??
A person does not become responsible for their spouse's debts after marriage unless
they agree, in writing, to pay the debt. A pre-nuptial agreement does not change the
obligation to pay prior debts but it may make it easier to persuade creditors that the
new wife is not responsible.
Alan Pransky
Law Office of Alan J. Pransky
20 Eastbrook Road
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