Child Support Adultery

[dalefc]

I am currently paying child support for my son for a year. I have been separated from my wife since April of 2003.

During a recent divorce case I found out that wy wife is pregnant with another child from another man who she is no longer with.

My question is why should I have to pay support for another child that is not mine?

I live in West Virginia.

[richiejay]

You should only be paying support for your child.  If she tries to claim the second one is yours, then a DNA test would be in order to prove otherwise.

[dalefc]

 Thank you for your responce, but the Judge during the court case said that when the child is born I will have to pay support for that child also.

 During the divorce case the Judge asked my wife who the father is and she said that it is not mine. She said that he has since left her and she does not know where he is.

 Since she admiited to another man as the child's father, there is no need for a DNA test.
 
 I am trying to find out what West Virginia law supports the Judge's decision.

[richiejay]

Unless I'm missing something..you are not responsible for this other man's child.  I don't know if the judge was blowing smoke up your behind or what, but check it out with a lawyer if you can and keep us posted.  I'd be interested in the rationale behind that one!

[kiarab]

In most states if a couple is married, the husband is presumed the father.  In some states even if there is a DNA test proving the husband is not the father, it doesn't matter, the husband will still be responsible.

Please go to //www.divorcenet.com and post your question there.  what state are you in?

[LizaLou1]

=

[richiejay]

I've heard the husband being responsible if he is already paying support for the child,(and the test is done later)  but not if the child is known not to be his before it is born.  I would be interested in knowing any cases of this happening....if that were the case the woman could have child after child and have the first husband be responsible....that's just nuts!

[dalefc]

I live in West Virginia and have been paying Child Support for more than a year.

My wife and I have been separated during this time.

During a recent divorce case (April 28, 2004), which should have finalized our divorce, my wife informed the Judge that she is eight months pregnant to another man. She said that he (the father) since left her and she does not know where he is.

The Judge said that this case cannot contimue until after the baby is born and that I will have to pay child support for this baby also.

Apparently a DNA test would not make any difference as to whether I pay support or not.

I can't understand why I have to pay for a child that is not mine.

I need to know what West Virginia law provides for this ruling.

I can't afford an Attorney.