Husband not father, need child support from bio dad

[regretaffair]

I'll try to keep this short. I had an ongoing affair with a man for 2 year period. Basically because I found out that my husband had been having an affair with another woman for 6 months before I found out. I decided that I didn't want to be with him any more and became involved with this other man. The relationship began in 2001 and continued until 2003. It did not end until I got pregnant. Throughout this entire time, my husband and I continued to live together as a family, but I did not trust him and didn't really want to be with him. I told the other guy the day I found out I was pregnant and he wanted me to get an abortion (which I did consider), but decided not to do. Anyway, my dh found out about the pregnancy so he immediately assumed it was his (even though we both suspected that he is sterile). The other guy called once or twice after the initial convo and then didn't call again until 5 months later. He asked that I come over to see him (I think it was to make sure I was really pregnant) and we could talk. I was so angry at this point and I was due on a month. He said his friends told him that he should be a part of his child's life whether we were together or not (assuming due to his actions I wouldn't want to be with him-correct!). I was so angry at the fact that it took this long for him to call and then to say that 'his friends' prompted him to do the right thing. So, I told him I couldn't trust him and would not subject my child to his on/off parenting. Then I told him the baby wasn't his. The day after my son was born, I called to tell him the truth, but he was just like whatever.
Long story short, my husband and I continue to have problems because he continues to cheat. He knows the baby is not his, I told him when he was small. He is now 2 years old and my husband and I are separating and getting a divorce. We have signed a separation agreement indicating no children born of the marriage, although my dh is on the birth certificate. I am about to apply for cs from the bio dad and wonder how that would work as far as paternity. I am in NC. Sorry for the long post.

[aaron]

It sounds like you would have to initiate a paternity action against the biological father. If you have a divorce lawyer, your lawyer should be able to advise you as to the feasibility of such an action given the history of your case, and probably can also file the paternity action if you desire.