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.
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?