Child Support- What is the New wife's obligation when Hubby is in Jail?

I live in NY and my husband is in jail, his ex wants to give her children he " fathered " his last name. Can she sue for back child support and if she can will I be obligated to pay it since he can't?
Please offer any advice you can because any advice will be appreciated.
Thanks in Advance !!!

[This message has been edited by Rosemary1 (edited February 26, 2000).]

Child support comes in affect that day she files.No back child support will be owed as long as she has not already filed.As far as you paying for you husbands child support,no you are not the responsible party.This is between the mother and father of that child.If your not going to pay, however,I would try to let the courts know that your husband is in jail,how can he pay?I tell you this out of my own experiances.I am not a lawyer.If you can't afford one,try legal aid.They work for me.

Thanks for the advice.
I thought that would be the case but the fact of the matter is , he doesn't know if he is the father of those children. He has offered to pay for & take a paternity test more than 5 five times in the last year and she refuses to take the kids to be tested. What I would like to know is he can have a court order her to take the test. The kids are really sweet and in the end the losers will be them because of their mother's insecurities

If she persues this through the courts or welfare and claims he is the father, He can deny that he is and they will force the paternity test ... then you'll know one way or another..I'm not a lawyer, but I have seen this happen to my friend

[This message has been edited by terdad (edited February 28, 2000).]