My question is that my wife had an affair and is currently pregnant with the other mans child. They broke it off once she got pregnant and he wants nothing to do with his child she's carrying. She is not going to put him on the birth certificate and will leave the father portion blank. She wants nothing to do with him and doesn't even want child support. We are divorcing and I read that if my wife is trying to make me pay child support for the 2 children we had together before this affair, she has to make this guy pay as well. Is there any legal ground that I can use in this matter? I don't mind that I'm paying child support even though I feel its high and not used on my children. But can she legally make me pay for my kids when I am a great father and just let this other guy get off Scott free without paying at least child support for his child? If she leave the portion blank on the birth certificate, does that actually let him off the hook? It wrong if that's true but do I have any thing I can bring up or am I wasting my time trying to get her to at least make it fair and have this guy also pay for his child he wants nothing to do with
Thanks for any information you may be able to give me.
2 Answers from Attorneys
Your only real concern here is that it is clear, in the context of the divorce, that you are not the father. You will be required to pay child support based on the Child Support Guidelines and/or the determination of the Court. Whether or not she goes after the other guy may not be material, although it may be a factor if she is claiming alimony from you. In any case, you would be wise to obtain an attorney to deal with all of these issues with you.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you should contact a Family Law attorney in your area to discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner
If you are divorcing, you should have a divorce lawyer. Call me to discuss anytime for free at 732/773/2768