Legal Question in Family Law in Virginia
Child Support - Not all children are mine
I have four children. One of which was legally adopted by my ex-wife and I (I am sterile). We discussed the non-child issue prior to marriage, and she agreed that having no children was ok with her. I agreed to adopt our first child, as I didn't want to deprive her of parenting, however, post adoption of this first child, she decided she wanted more and freely went out and got pregnant to three different men, resulting in three pregnancies.
I am currently paying child support for the legally adopted child AND for the three children she had without my consent. Am I liable to pay her child support for those three other children? She voluntarily put my name on the birth certificates as being the father (this was allowable in the state of NC, which is where the three children were born), but I did not sign any documents stating I was assuming responsibility for them as their parent.
She had written into our divorce decree that I pay 30% of my salary to her for child support for all four children.
She may be pregnant again with another man's child, and has indicated that she wants to ask for more child support for the other four children. Can she do this?
Thank you for your help!
1 Answer from Attorneys
Re: Child Support - Not all children are mine
Section 20-49.10 of the Va. Code(Relief from legal determination of paternity)allows for a father such as yourself to petition the court to have a scientifically reliable genetic test ordered performed to determine whether this person should be excluded as the father named and/or obligated for support in a prior legal determination.
This provision also allows the court to set aside
prior adminstrative or court orders for support of child(ren)for whom the petitioner is excluded as the possible father.
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