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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12204
Experience:  JD, MBA
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My husband was married to a woman in 2005 who was unfaithful

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My husband was married to a woman in 2005 who was unfaithful only 1 month after marriage. She then got pregnant by the "other man", (who's name is XXXXX XXXXX birth certificate of said child). My husband left his then wife in that first month of marriage and was seperated (not legally) for 6 year but was unable to track her down for a divorce during this time. He is also in the military and has been in and out of deployed zones which made taking legal action difficult. He was finally able to get the divorce finalized, but now she is coming after him for child support for this child that is not his but was concieved during the time they were married. He was given a Petition For Support today for child support. We do have a paternity case filed now and are waiting to hear what our next step is (we had to file a paternity suit against himself due to the mother not cooperating with a non-court ordered DNA test). He has been mandated to pay support by the Army but nothing legal for a long time. So she HAS been recieving monthly support for the child for a long time. The child and custodial parent reside in the state of Kansas. My question is does he have to pay the amount petitioned on the Summons we recieved BEFORE Paternity has been established? He is continuing to pay the amount the Army asks him to until the DNA is done, but does he have to pay the court ordered amount? Or can we simply reply to the petition with our response and let them know there is a paternity case in effect currently?? Any help is greatly appreciated!!
Hello and thank you for allowing me the opportunity to assist you.

No, your husband does not have to pay the amount listed in the summons until and unless a court actually orders your husband to pay that amount. As of now, it is a contested matter and no such order exists (if my understanding is correct). However, if your husband were to lose the case, then the court's order will likely be retroactive to the date of the summons. So, he may have back pay to make up if the ex wins the case (which sounds unlikely if your husband is not even the father).

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