I was married to a girl for 5 months. We didn't have any children together. We are going through a divorce and have been separated for a while. She recently gave birth to a new baby with another man whose she's currently with. She threatened to file for a default and ask for child support and alimony if I don't help with the older child. Would she win?
2 Answers from Attorneys
You can request a dna test to determine paternity. You should do that right away. There is a short window of time during which you can request the test. Do not delay in requesting the dna test.
I agree with Mr. Johnson. She may try to raise the conclusive presumption of Family Code section 7540, but you should be able to rebut that with genetic testing and argue that you were not cohabiting when the child was conceived.