Legal Question in Family Law in Wisconsin

Early Mistakes Are Best Left Alone

For what it's worth, this is what I would tell you if you were my client: given that the affair happened LONG ago and the child was brought up [hopefully] by two parents that loved it, why on earth would you want to bring up the issue of an OLD affair after 22 years?! From what you wrote it did NOT have an affect on your marriage until recently, so I don't think that a judge is going to look too kindly upon that sort of argument, whatever the WI caselaw might say. There IS caselaw in most states that says that a father cannot complain about having raised a child not his own, because he was only doing what he is expected to do believing the child to be his. With respect to what the law might be in your state as to property division, I would expect a judge to assume that your wife had "cured" any infidelity by being a decent partner for 22 odd years thereafter. Whether or not either of you knew the child not to be your shared offspring, the marriage progressed just fine apparently. AND, if it took a test to tell the difference, then she couldn't have known the father either, she might have suspected but that is all. WHICH would not be held against her either.Divorce brings up all sorts of old wounds, and certainly your lawyer will want to consider bringing up this issue if character comes into play, but I suspect that unless this is a high profile extremely high asset case, the judge is not going to have a lot of patience with this sort of drudging up extremely old history arguments because it simply wouldn't matter enough to raise legal reasons to depart significantly from the 50-50 presumption. Unless you can show a clear effect of this adultery [and clean hands on your part], I'd try other arguments first, because this one sounds awfully desperate. You might also consider what effect if will have on the child, because your proposed argument amounts to your rejection of the child to get more money in a property settlement. You might ask yourself in a calmer moment whether it is worth it.

Nonputative father

Atty Regina Brice gave you excellent advice, to wit, CONSIDER THE BEST INTERESTS OF THE CHILD WHOM YOU LOVED AS YOUR OWN.But since you wanted caselaw, the following is a start. A number of years ago -- am going to say, around 1994 -- the Massachusetts Lawyers Weekly gathered cases re child support by males who contributed, paid, were ordered to pay support for children whom they did not sire.Go to www.lawyersweekly.com They have all their papers archived. It was in a section entitled FOCUS. Search on "nonputative fathers."