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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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if you are married ,and have an affair and a child is consumed

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if you are married ,and have an affair and a child is consumed from this affair can your spouse be made to pay child support for that child.
Thank you for your question. Please permit me to assist you with your concerns.

That very much depends. Whose name is XXXXX XXXXX the birth certificate as the parent of the child? Did the other spouse contest paternity and manage to do so successfully?
Customer: replied 3 years ago.

my name which i just signed the birth certificate & and the childs mother ,no my wife did not contest the paternity.

Thank you for your follow-up, Kendric.

Under state law, if a child is born into a marriage, that child is presumed to be the child of both parents. Likewise, when the parents both sign the birth certificate, they are bound to cover all expenses and support since doing so designates them as 'legal' parents of the child. Until and if that child's paternity is successfully challenged, the spouse who signed the certificate is responsible for that child's care and that child's needs since in the eyes of the law he is both the biological and legal parent, even if that is not strictly true.

Good luck.

Customer: replied 3 years ago.

i got your reply , but my wife is not the mother of the child ; but we are still together ,the mother of the child is threathing to try and put child support on my wife & me i just want to know can that happen ?

Kendric,

Is the 'mother of the child' listed on the birth certificate as the mother? And are you listed as the father? If yes, she can pursue you for child support, even if you are not married to one another. What governs is who is named on the birth certificate as the parent, and failing that, what the paternity test would find out. She cannot pursue your wife for support as your wife is not a parent, but she can most definitely pursue you if this is your child.

Good luck.

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