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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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My husband was recently contacted by a woman he knew intimately

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My husband was recently contacted by a woman he knew intimately in high school. She says he is the father of her 12 year old son and that her husband does not know, but that he is dying. I have my doubts about her truthfullness in these situations and have looked into a paternity test. We would like to be a part of this boy's life if he is my husband's son, but I do not know legally what to expect. She was married to her husband before her son was born and he still believes that the boy is his, but she has agreed to paternity testing. Can she come back after 12 years and ask for back child support when he knew nothing of the child? I have no problem with helping out now and in the future, but cannot even imagine what 12 years of back child support would be. Any advice you can offer on how to proceed would be greatly appreciated! Thanks!

It is unlikely that the girlfriend can succeed in collecting support. Her husband is the legal parent of the child and will remain so. Court's have a very difficult time illegitimizing children. Even if you husband becomes the "legal parent" he will not have to pay back support for 12 years. The mother's husband was the legal parent, and only one father at a time is responsible for support. The best the mother can do is request support from the time of the petititon to establish paternity and support for the child. It would certainly be no earlier than the time of her husband's death.


My own opinion is that unless you push for paternity, a court will find for the mother in her attempt at collecting child support from your husband.


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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.





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