Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Divorce, Separation & Annulment

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-15-2005, 11:36 AM
Junior Member
 
Join Date: Jun 2005
Posts: 5

child born out of adulty from my husband


What is the name of your state? Maryland

My husband and I recently got married a month ago. Before us becoming married, i knew of his situation. A year ago he was dating a woman and eventually they went there separate ways. A couple months later he gets a phone call from her husband (which he had no knowledge of). And couple a phone calls later, she states that she is 3 mos. preg and doesn't know who the father is. Last week she notified my husband that she had the baby a month ago and the paternity test that her and her husband took came back negative. They want, whoever the father is, to pay $800 a month in daycare while the husband handles the other day-to-day baby expenses. My husband and i decided that it would be best if he took a paternity test to see if he was the father. The results came back that my husband is the father of her child. (The baby also has her husband's last name) Someone told me that it was consider adultry on her part and he shouldn't have to do anything at all because he is not liable for the child because she is married. We haven't told the woman what the results are because we are now thinking that we don't want any part of the situation. If she does decide to take him to get (another) paternity test it will come from her money. My question is can my husband be liable for child support or even supporting the child with him not knowing that she was married when the baby was conceived? Will she also be held liable because of her adultry? Thanks!!!
  #2  
Old 06-15-2005, 12:07 PM
Senior Member
 
Join Date: Jul 2004
Posts: 17,799
It is not necessary to post the question 3 times.

Her committing adultery known or unknown to him does not absolve him of his parental responsibilities, however it does complicate matters.

Right now, her husband is the legal father, responsible for the child and nothing will happen unless and until the legal parents file for paternity with the legal father legally denying paternity, a judge ordering a paternity test or your husband signing an acknowledgement of paternity. He will pay for the test if it is positive with him being the father/she will pay for the test if he is not the father. Following the legal DNA test, if this wasn't a legal test and or signing of the acknowledgement (cost factors since you already know the results) the judge will make several rulings, establishing paternity, custody and child support. Your husband will have to file for visitation if he chooses to, it is not required, automatic, may affect the amount of child support.

Depending on the facts child support will be calculated on a set formula determined by the state which will usually begin a/o the filing of the paternity case or possibly when you received the positive paternity results.

Do not enter into any private payment or custody/visitation agreement without a court order. Child support may or not include child support, child care and medical, so it is very possible that going by the state guidelines would be less than what they are asking for. Here is a link to work the numbers to get an idea how much to start setting aside. It would be wise to consult an attorney as soon as possible even if she hasn't files a paternity case.
[url]http://www.alllaw.com/calculators/Childsupport/maryland/[/url]
__________________
I am not an arborist.
  #3  
Old 06-16-2005, 10:16 AM
Senior Member
 
Join Date: Jul 2004
Posts: 17,799
Please note that this was OP's original thread to which I responded even giving a link to a child support calculator and rather than acknowledging or responding to this she posted yet another thread, for a total of 5 threads on different forums. How many members continued to respond to these obvious duplicate threads after OP's question had been answered and not one onted there were duplicate threads?
__________________
I am not an arborist.
  #4  
Old 06-16-2005, 10:25 AM
Senior Member
 
Join Date: May 2004
Posts: 41,330
Quote:
Originally Posted by rmet4nzkx
Please note that this was OP's original thread to which I responded even giving a link to a child support calculator and rather than acknowledging or responding to this she posted yet another thread, for a total of 5 threads on different forums. How many members continued to respond to these obvious duplicate threads after OP's question had been answered and not one onted there were duplicate threads?
I honestly didn't notice the duplicates myself....my bad.
  #5  
Old 06-16-2005, 10:45 AM
Senior Member
 
Join Date: Jul 2004
Posts: 17,799
Quote:
Originally Posted by LdiJ
I honestly didn't notice the duplicates myself....my bad.
They were right in a row, I responded to the first before she posted her last question, lol, she sure got us chasing our tails for nothing. I didn't go posting "duplicate thread" because it was so obvious with 5!
__________________
I am not an arborist.
  #6  
Old 06-16-2005, 08:53 PM
AHA AHA is offline
Senior Member
 
Join Date: Mar 2004
Posts: 4,258
I did notice it, but I'm sick and tired of teaching adults how to use this site. If she wants to show everyone how stupid she is, then I'm not going to stop her. I don't mind laughing AT her.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 01:38 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.