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Adultery and Child Support

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kmpitman

New member
So I'm in North Carolina. My current boyfriend had sex with some girl a few months before we dated and accidentally got her pregnant. That girl was married, but getting a divorce. However, my boyfriend is a US marine, and she is married to a marine. In the USMC, you have to be 'separated' for a full year before the divorce actually goes through. So, today she gave birth. It hasn't been a full year, so she is still TECHNICALLY married to someone else. I heard that since she's married, the kid isn't his legal obligation and he they can't force him to pay child support. I want to know if that's true. What are his rights in the situation? He didn't want the kid, she refused to get an abortion, and now here we are. I think we both agree that he should help in some way, but we don't want him to pay some sky high child support amount every month for a kid he didn't want. What can and can't happen to him, and is what I heard true? What are his rights?
 


Zigner

Senior Member, Non-Attorney
So I'm in North Carolina. My current boyfriend had sex with some girl a few months before we dated and accidentally got her pregnant. That girl was married, but getting a divorce. However, my boyfriend is a US marine, and she is married to a marine. In the USMC, you have to be 'separated' for a full year before the divorce actually goes through. So, today she gave birth. It hasn't been a full year, so she is still TECHNICALLY married to someone else. I heard that since she's married, the kid isn't his legal obligation and he they can't force him to pay child support. I want to know if that's true. What are his rights in the situation? He didn't want the kid, she refused to get an abortion, and now here we are. I think we both agree that he should help in some way, but we don't want him to pay some sky high child support amount every month for a kid he didn't want. What can and can't happen to him, and is what I heard true? What are his rights?
You are a peach.

This one is easy - let your boyfriend deal with his own legal matters.
 

not2cleverRed

Obvious Observer
So I'm in North Carolina. My current boyfriend had sex with some girl a few months before we dated and accidentally got her pregnant. That girl was married, but getting a divorce. However, my boyfriend is a US marine, and she is married to a marine. In the USMC, you have to be 'separated' for a full year before the divorce actually goes through. So, today she gave birth. It hasn't been a full year, so she is still TECHNICALLY married to someone else. I heard that since she's married, the kid isn't his legal obligation and he they can't force him to pay child support. I want to know if that's true. What are his rights in the situation? He didn't want the kid, she refused to get an abortion, and now here we are. I think we both agree that he should help in some way, but we don't want him to pay some sky high child support amount every month for a kid he didn't want. What can and can't happen to him, and is what I heard true? What are his rights?
Well, yes, legally, the husband is considered the legal father... for the moment. But since the child is not biologically his, and he's divorcing the mother, he's going to want to disestablish paternity. After all, it certainly isn't fair to the husband to expect him to pay child support for a child who is not only not biologically his, but with whom he has no emotional bond!
 

LdiJ

Senior Member
So I'm in North Carolina. My current boyfriend had sex with some girl a few months before we dated and accidentally got her pregnant. That girl was married, but getting a divorce. However, my boyfriend is a US marine, and she is married to a marine. In the USMC, you have to be 'separated' for a full year before the divorce actually goes through. So, today she gave birth. It hasn't been a full year, so she is still TECHNICALLY married to someone else. I heard that since she's married, the kid isn't his legal obligation and he they can't force him to pay child support. I want to know if that's true. What are his rights in the situation? He didn't want the kid, she refused to get an abortion, and now here we are. I think we both agree that he should help in some way, but we don't want him to pay some sky high child support amount every month for a kid he didn't want. What can and can't happen to him, and is what I heard true? What are his rights?
No, it is NOT true that he can't be ordered to pay child support. All mom and her husband have to do is disestablish her husband's paternity via a DNA test, and they have the courts order your boyfriend to take a DNA test to establish HIS paternity.

And no, he cannot avoid child support just because he did not want the child. It doesn't work that way. Someone who does not want to have children should either get snipped, or stop having sex.
 
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