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Support for a Child Who is Not Mine

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  • 10-04-2012, 05:53 PM
    formeraf
    Support for a Child Who is Not Mine
    My question involves child support in the State of: Nebraska, Wisconsin.

    Very preliminary stages, but my ex-wife left a message that some agency may be going after me for support.
    We were seperated but had not divorced yet. I was in the Air Force, serving in New Mexico while she lived in Milwaukee, Wisconsin. She met a man, they got engaged (but never did marry) and had a child (way back in 2004). We were still married. Unknown to me, she put my name on the birth certificate. The child had a lot of health issues and ran up some big hospital bills. I believe it may be the hospital that is going to be looking for money, or perhaps the state (she now lives in Nebraska). I live in Georgia. We finally got divorced in 2009, in the state of Georgia (where I have lived since 2005). No children are mentioned in the divorce. I'm afraid I may be out of luck, but would like to know what options I may have to fight this. She has since remarried, and the biological father lives near her in Nebraska. She works a low-paying job after being unemployed for a few years.
  • 10-04-2012, 06:03 PM
    Disagreeable
    Re: Support for a Child Who is Not Mine
    On the surface it appears she committed fraud, however, it may have automatically fallen to you, due to marriage. A quick look provides the following guidance.

    Quote:

    Marital Presumption: When a mother is married at the time her baby is conceived or born, the law presumes her husband is the legal father. Only a court can decide otherwise.
    It appears you have the right to challenge paternity in court, if someone comes after you.

    http://dcf.wisconsin.gov/publication..._dwsc15445.pdf
  • 10-04-2012, 06:12 PM
    jk
    Re: Support for a Child Who is Not Mine
    when did you learn of the child and when did you learn your name was entered as the father?
  • 10-04-2012, 07:34 PM
    Dogmatique
    Re: Support for a Child Who is Not Mine
    To clarify - you're divorced and you didn't disestablish paternity as part of the divorce?
  • 11-18-2012, 11:37 AM
    aardvarc
    Re: Support for a Child Who is Not Mine
    Quote:

    Quoting formeraf
    View Post
    She met a man, they got engaged (but never did marry) and had a child (way back in 2004). We were still married. Unknown to me, she put my name on the birth certificate.

    You'd be the father, automatically, because you were still married at the time.


    Quote:

    We finally got divorced in 2009, in the state of Georgia (where I have lived since 2005). No children are mentioned in the divorce.
    Why was this child NOT mentioned in the divorce? Were you aware of the existance of the child at that time???? You may be on the hook for the child's expenses if you didn't take the steps to disestablish yourself as the father during the divorce OR if the actual father never took steps to become the child's legal parent.

    Just a guess, but mom hasn't come after you for child support, has she? I'd suspect not, since her doing so would trigger an action before the court where you'd be able to answer by disproving paternity.
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