Legal Question in Family Law in Michigan

my wife is having an affair and is living apart from me. she is pregnant with another man's child. if we do not file for divorce and she stays on my insurance could she come after me for child support in the future? i have no plans on adopting the kid or claiming it as my own

Asked on 7/19/14, 5:58 pm

2 Answers from Attorneys

Christopher Brown Brown & Associates, Legal Services, PLLC

You are the legal father. You must disestablish paternity to protect yourself. Contact me if you have questions.

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Answered on 7/19/14, 6:08 pm
Brian Morris B.W. Morris, P.C.

Because you are married to your wife, you are presumed to be the father. The issue of whether or not she stays on your insurance does not have any relevance to whether or not the child will be considered "yours."

Because you are living apart from one another, either your wife, or a local prosecutor (if your wife is receiving any public assistance) could bring an action for child support against you right now. Also, as it stands now, because you are the father by virtue of the child being born to your wife while married to you, you would have to pay child support for the child after a divorce.

For you to remove yourself as the father of the child, you will need to bring an action under Michigan's new Revocation of Paternity Act, which could be brought also in the context of a divorce action. There are strict time limits on when you can bring an action under ROPA. After these time limits expire you will lose your ability to remove yourself as the child's father, so you should be very diligent in resolving this situation. The time limit for filing a ROPA action to remove yourself as a father could also expire while you stay married to your wife. If you don't want to be the child's father then you need to sort out your ROPA claim and your plan of action now.

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Answered on 7/20/14, 12:28 pm

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