child support

What is the name of your state?What is the name of your state?Delaware
My question is if a divorce is aready done (within the last 2 months) and the wife cheated while they were still married and got pregnant, is the husband still responsible to pay child support even though the child is not his.

Why didn't he handle this in the divorce?

In response

Hi,

I am not an atorney or farmiluar with Delaware law but my sibling went through something very similar VERY recently. If there is no name on the birth certificate then the man will have to order a DNA test. When the results are back from the DNA test it will be decided on the judgment of the judge and the decision he makes regarding the DNA. If the child is deemed as not his- he will not have to pay child support, unless he legally adopted the baby! And if she had prrof of the affair that would help for reasonable doubt that the baby is not his Atleast that is what happened in my siblings case. Each case is individual. I hope this helps a little. Good luck.

barman said:

What is the name of your state?What is the name of your state?Delaware
My question is if a divorce is aready done (within the last 2 months) and the wife cheated while they were still married and got pregnant, is the husband still responsible to pay child support even though the child is not his.

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O.K. let's try this based on the LAW, not what happened to some hillbilly last month in the backwoods.

First, the child, without legal intervention, is a product of the marriage. Therefore, without any action in law, the simple answer is yes. The husband is liable for child support if requested by the wife.

Second, There is a very small window in Delaware:

DEL. CODE ANN. TIT. 13 §804

Within 60 days—Either parent may raise the issue in a legal proceeding regarding the child to which he/she is a party if the action is filed in Family Court within 60 days of the date the acknowledgment was signed by the parties. In the alternative, either party may file rescission with the Office of Vital Statistics. The rescission must be accompanied by an affidavit saying that the party sent a copy of the rescission to the other parent at the address shown on the acknowledgment. Minor parents may rescind within 60 days of turning 18.

After 60 days—Either parent may petition the Family Court to set aside the acknowledgment based on fraud, duress or material mistake of fact. If a court determines that another man is the father, it will declare the acknowledgment void.

Third, if you want to sit on your butt and do nothing that's your right. But an action of some kind must be filed by you or this child will be legally yours.

So, what do you plan on doing?

belizbreeze

Hillbilly? Well you are obviously full of yourself the person in question was a lawyer and a nurse! And it was on fact it went to court with Lawyers./ Get over yourself!

Zanney said:

Hillbilly? Well you are obviously full of yourself the person in question was a lawyer and a nurse! And it was on fact it went to court with Lawyers./ Get over yourself!

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I guess you didn't share in the gene pool. (not the swimming hole).

atorney
farmiluar
prrof

Not the statements of fact that are completely false:

If there is no name on the birth certificate then the man will have to order a DNA test.

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The couple was married. The child is a product of the marriage under law. And until a COURT orders a DNA test, that child is his. Oh, and get your facts straight, he can order as many DNA tests as he wants. And they will be meaningless in court until so ordered by a judge.

If the child is deemed as not his- he will not have to pay child support, unless he legally adopted the baby!

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And that is simply not true. Or do you have the Delaware statutory reference for this? Even if the baby is found through DNA not to be his, he can still be ordered to pay child support.

It doesn't make you an attorney coming down from the hills when the still don't work

rewspone to pompous windbag

Actually this couple wasn't married the one I am talking about ... I said ech case was individual I said I wasn't a lawyer- you can think I am not smart, which by you not knowing anything about me or my eduication I am surprised you are so sure of yourself. i was simply offering a statement of what i saw. Said I wasn't a lawyer and didn't know Delaware law. or did you not see that before you shot of your mouth. Well one thing is evident no one should listen toi you - your a jkerk and don't care abnout what people are going through- people have problems and are seeking advise not bull headed people who are full of themselves. So unless you can say yopu know me personally you may not want to slander someone. YOU DONT KNOW MY CASE nor did you ask- which is what a HUMAN BEING with a heart would do if they were concerned about the case. I was trying to help someone else. please for your sake. Get over yourself. what a miserable life you will leade and lonely if you dont Good luck with that!

Zanney said:

Actually this couple wasn't married the one I am talking about ... I said ech case was individual I said I wasn't a lawyer- you can think I am not smart, which by you not knowing anything about me or my eduication I am surprised you are so sure of yourself. i was simply offering a statement of what i saw. Said I wasn't a lawyer and didn't know Delaware law. or did you not see that before you shot of your mouth. Well one thing is evident no one should listen toi you - your a jkerk and don't care abnout what people are going through- people have problems and are seeking advise not bull headed people who are full of themselves. So unless you can say yopu know me personally you may not want to slander someone. YOU DONT KNOW MY CASE nor did you ask- which is what a HUMAN BEING with a heart would do if they were concerned about the case. I was trying to help someone else. please for your sake. Get over yourself. what a miserable life you will leade and lonely if you dont Good luck with that!

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One word: SPELLCHECK
O.K. two words: LITHIUM

spellcheck

yes i know my spelling needs spellcheck. I am typing very quickly. sorry for the typo errors. not sorry about what I said. you shouldn't consider yourself better than people. when others are really trying to help had stated that they are not a lawyer and din't know THAT states laws. You should have read more clearly before just deciding you know everything- good day!

Zanney said:

yes i know my spelling needs spellcheck. I am typing very quickly. sorry for the typo errors. not sorry about what I said. you shouldn't consider yourself better than people. when others are really trying to help had stated that they are not a lawyer and din't know THAT states laws. You should have read more clearly before just deciding you know everything- good day!

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So, in other words, your entire post was worthless and helped the poster in absolutely no way legally. Is that what you are trying to say so eloquently?

I find it good to know how other cases went. EVERY CASE IS DIFFERENT and what you say is not gold. So no, it wasn't worthless. Not every case is the same this was an exaple of one case. You shouldn't say things as FACT because FACT is , if it goes to court- anything could go. So your information was what may be LAW, maybe. And mine was a true case that I had watched and the outcome. You do not have to be such a horrible person. You could just tone down your thinking your better than everyone. And let people help oether people

Zanney said:

I find it good to know how other cases went. EVERY CASE IS DIFFERENT and what you say is not gold. So no, it wasn't worthless. Not every case is the same this was an exaple of one case. You shouldn't say things as FACT because FACT is , if it goes to court- anything could go. So your information was what may be LAW, maybe. And mine was a true case that I had watched and the outcome. You do not have to be such a horrible person. You could just tone down your thinking your better than everyone. And let people help oether people

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then go to http://www.Iwantahug.com
This is a LEGAL advice site. NOT a 'well this is what happened in one case in another jurisdiction with completely different facts so it must apply' site.
When are you gonig to get that through your thick head?

my case.

Well I agree with "Zanney" every case is different. My husbands ex when he was getting divorced was pregnant before the divorce from an affair and he did not have to pay child support. She moved out only weeks before the baby was due. FACT WAS, he could prove the chlid was not his and did not have to pay child support. This was in a different state then Delaware. HOWEVER, he did pay for the delivery of the baby since she was on her insurace. Every case is different.

typo

Sorry I meant to say He had to pay for her baby's deliverary because she was still on HIS insurance, and the divorce was being finalized.

TCastleton said:

Well I agree with "Zanney" every case is different. My husbands ex when he was getting divorced was pregnant before the divorce from an affair and he did not have to pay child support. She moved out only weeks before the baby was due. FACT WAS, he could prove the chlid was not his and did not have to pay child support. This was in a different state then Delaware. HOWEVER, he did pay for the delivery of the baby since she was on her insurace. Every case is different.

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And again, this has NOTHING to do with the poster's situation.