Father is on the Birth Certificate Despite Non-Paternity, Doesn't Want to Pay Support

My question involves child support in the State of Texas, When I was one month along, I started dating an old friend. After a couple a months of dating, he said he wanted to be the father and sign the birth certificate. When I was 7 months along we got married, when I gave birth to my son, my husband signed the birth certificate knowing he was not the biological father. Now he is divorcing me. He says he doesn't want to be our sons father anymore and he's going to get out of paying child support. My son just turned 1 in November. Is there any legal way he can get out of paying child support in the state of Texas?

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Would they really grant a DNA test and let my soon to be ex husband off the hook, like he is saying they will?

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It's entirely possible.

The downside of knowingly committing paternity fraud is that the fraud can later be disclosed, and yes, that can have consequences. Time to contact the ACTUAL father, or at least figure out where he is so that you can get your ducks in a row to have him served so that you can collect child support from HIM.

It wasn't paternity fraud. They were married before kiddo arrived.

But yes, Dad may well be able to disestablish paternity in the divorce action.

I meant fraud in the sense that they both knew that hubby to be wasn't the actual father (since they didn't even start dating until she was already pregnant).

Yeah, I know :(

But, the law doesn't see it that way. Morally reprehensible perhaps, but not legally fraud.

True, but DOES provide argument for material mistake of fact <wink>.