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AttyCBradford
AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 617
Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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i have been married for 2 years . have a child with my wife

Customer Question

i have been married for 2 years . have a child with my wife . im in the process of filing for divorce . 2 months ago my wife told me that my child is not my son . that she was cheating on me before she got pregnant . im filing for DNA test just to make sure . however im the legal father in the birth certificate . if the DNA test proves im not the father . would be still liable for the child support ?

i really need help as soon as possible i live in kansas . and i need to know what is the law in this case ?
Submitted: 2 years ago.
Category: Family Law
Expert:  AttyCBradford replied 2 years ago.

AttyCBradford :

if the DNA test proves that you are NOT the father then NO you would not be liable for child support, since as soon as you found out you contested it.

AttyCBradford :

If i have answered all your questions please press accept and provide positive feedback so I can assist another customer and receive credit for my work. If not and you have additional questions please feel free to ask and I will repsond promptly

AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 617
Experience: Criminal Defense and Family Law Attorney serving California Statewide
AttyCBradford and 7 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

thank you for answering my question . what about the "alimony . am i liable for it ?

Expert:  AttyCBradford replied 2 years ago.
you would only be responsible for one year of alimony if the judge determined there was a need for it.
Customer: replied 1 year ago.

i have filed for DNA test and i found out im not the father . however my wife filed an order of child support . my wife claiming that im the father lol . even though in the DNA test shows im not . my lawyer is telling that there is a chance we might loose the case because im the persumed dad by law and in the birth certificate and the judge may favor her even if not the biological dad !!!


are you kidding me . what law and what system are we in . because we were married and we conceived the child during the marriage therefore im liable for the kid even though im not the dad !!! ... seriously and who would judge my ex wife that she lied all this time ! and she put me at risk od having STD because of her cheating behavior . and why would i liable for child that i mine ... where is the fairness in our laws . or our laws only favor the women

Customer: replied 1 year ago.

i have filed for DNA test and i found out im not the father . however my wife filed an order of child support . my wife claiming that im the father lol . even though in the DNA test shows im not . my lawyer is telling that there is a chance we might loose the case because im the persumed dad by law and in the birth certificate and the judge may favor her even if not the biological dad !!!


 


are you kidding me . what law and what system are we in . because we were married and we conceived the child during the marriage therefore im liable for the kid even though im not the dad !!! ... seriously and who would judge my ex wife that she lied all this time ! and she put me at risk od having STD because of her cheating behavior . and why would i liable for child that i mine ... where is the fairness in our laws . or our laws only favor the women

Customer: replied 1 year ago.

i have filed for DNA test and i found out im not the father . however my wife filed an order of child support . my wife claiming that im the father lol . even though in the DNA test shows im not . my lawyer is telling that there is a chance we might loose the case because im the persumed dad by law and in the birth certificate and the judge may favor her even if not the biological dad !!!


 


 


 


are you kidding me . what law and what system are we in . because we were married and we conceived the child during the marriage therefore im liable for the kid even though im not the dad !!! ... seriously and who would judge my ex wife that she lied all this time ! and she put me at risk od having STD because of her cheating behavior . and why would i liable for child that i mine ... where is the fairness in our laws . or our laws only favor the women

Customer: replied 1 year ago.
Relist: Other.
no response
Expert:  Jack R. replied 1 year ago.

Thank you for choosing JustAnswer, and in rating the response please don't shoot the messenger.

 

Under the law a child born to a married couple is presumed to be the child of the husband. You can challenge the presumption based on the DNA test. However, as your attorney told you a court may not agree. This is because 1) a court ruling would illegitimacy the child, causing potentially the birth certificate to change and child's name to change. and 2) it might destroy the existing parent-child relationship. 3) the child may be affected by this news. These cases tend to be hard to predict depending on the local community and the judge. You can try to get the support terminated, it is just not a given you will win.

 

Please take the time to rate this Answer so I may get credit for my response/ If you have follow up questions please ask.

Customer: replied 1 year ago.

so does it make any sense i will pay child support for kid that is not mine


 


seriously where is justice in this one ???

Expert:  Jack R. replied 1 year ago.

No it doesn't make sense from a non biological parent perspective. However it is about the child as much as about the support. I am not suggesting you do not try to get the bio father to pay support. I am only suggesting that the court may be unwilling to create the legal baggage which goes along with removing you as the legal parent in order to make another party responsible.

 

Please take the time to rate this Answer so I may get credit for my response. Since you have relisted this question I get no credit for the prior activity. If you have follow up questions please ask.

 

 

Customer: replied 1 year ago.

can someone please tell me what is kansas jurisdiction or law in this case ?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question, but I am afraid the previous expert told you the law.

Under KS law, the husband of the mother is presumed to be the father of the child until the court receives the credible scientific evidence and determines otherwise. This means that until the court issues an order that you should as the husband of the mother not be held to be legally the father of the child, a child support obligation would be due. Once the court finds you are not the father based on DNA, they will deny her claim for child support on that basis.



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