Who pays? WE both know the kid is not mine.

[KevAmor]

True story: My wife gets pregnant 5 years after my vasectomy, I raise the kid for 9 years. WE both know shes not mine. We divorce, 3 years later she remarries and the new husband gives her his name legally, they went to court and had her name changed. Now, what if they get divorced? Does he pay, I keep paying or we both have to pay?

[AFFA]

I wish to inform you that new husband of your wife will pay child support. In this regard the name of new husband as father of child will make new husband liable. The liability to pay child support is of father of child and initially as the child was born in marriage then it is assumed that you are father of child. However when name of changed and new husband has been made father then he will be liable for child support. If you are made liable for child support then you may inform court that child is not yours and can show medical reports and also inform court that new husband is the father of child and thus he should pay.

AFF

[KevAmor]

thank you, thats what I thought. Now, the question is....if she remarried, and he gave the child his name, and the child can be proven easily that she is not mine biologically, then why do I have to keep paying child support. The child is now 20.

[Friend In Court]

This issue has been raised over and over again by putative fathers who failed to challenge paternity before the divorce was final. In every case the results have been the same. The husband, for failing to timely challenge paternity, was found obligated for support and even when it was proved years later the child was not his, support continued and attempts to void the order were denied.

The child knows you as father which the courts also consider in turning down these requests. The new husband is step father, legally, despite her having the child adopt his last name. He has no obligation to support the child. You do.

Since your ex has made the moves she has, suggesting step parent adoption might be more practical. Are you willing to walk away from the child now? If so, suggest that to her, that you are amenable to step parent adoption. That seems the most practical solution.

Originally Posted by KevAmor True story: My wife gets pregnant 5 years after my vasectomy, I raise the kid for 9 years. WE both know shes not mine. We divorce, 3 years later she remarries and the new husband gives her his name legally, they went to court and had her name changed. Now, what if they get divorced? Does he pay, I keep paying or we both have to pay?

You are aware that there are statistical finding that vasectomies are not always 100% fool-proof?

How are you absolutely sure the child is not yours? Did you have a paternity test?

If I were in your position, I would want to get one just to be 100% sure the child is not yours.

Again, statistics prove these procedures are not 100% fool-proof.

It doesn't matter whose last name the child carries. What matters from a father's legal standpoint is who is listed as the child's legal father on the birth certificate.

[goddessoflubboc]

Do you have a close relationship with her? If so it's odd she took his name, if not odd you didn't contest paternity.

In any event she's 20, adoption seems moot now.

Originally Posted by KevAmor thank you, thats what I thought. Now, the question is....if she remarried, and he gave the child his name, and the child can be proven easily that she is not mine biologically, then why do I have to keep paying child support. The child is now 20.

Why are you still paying child support when the kid is grown and of legal age?

Why have you waited so long to resolve this? There's not much you can do about it at this late stage of the game.

If child support is owed because she's attending college, you are legally obligated to pay it until she drops out or graduates.

[KevAmor]

The paternity was challenged during the name change proceedings when the child was 12. The judge said it was too late, (California) and also refused to let me purchase a copy of the minutes. I paid for another year, until MY daughter was 18 and the child in question was 13. After the name change hearing nothing was ever said or done, I let sleeping dogs lie. I just found my teaching credential was suspended for back support, and I have to renew my passport in Feb 2014. I live abroad. The point is, if she was adopted at 12, and yes I did contest it, which is why I wanted the minutes, and the ex'es admission she had an affair; so if the had divorced, hypothetically, he would be obligated for support, so why should I have to pay 5 years of back support for a child that was not mine just because I should have contested paternity before she was 3? The ex made aggressive moves to eliminate me from the child's life, ie., name change, left the state, but yet she wants me to pay support for a child that isnt mine, and is being raised by a 3rd man, (not me, not the biological father.) it is my belief, that the new husband is in fact the biological father since he lived across from us when I was always out of town on business. I need to take positive measures, I just dont know where to begin

Originally Posted by KevAmor The paternity was challenged during the name change proceedings when the child was 12. The judge said it was too late, (California) and also refused to let me purchase a copy of the minutes. I paid for another year, until MY daughter was 18 and the child in question was 13. After the name change hearing nothing was ever said or done, I let sleeping dogs lie. I just found my teaching credential was suspended for back support, and I have to renew my passport in Feb 2014. I live abroad. The point is, if she was adopted at 12, and yes I did contest it, which is why I wanted the minutes, and the ex'es admission she had an affair; so if the had divorced, hypothetically, he would be obligated for support, so why should I have to pay 5 years of back support for a child that was not mine just because I should have contested paternity before she was 3? The ex made aggressive moves to eliminate me from the child's life, ie., name change, left the state, but yet she wants me to pay support for a child that isnt mine, and is being raised by a 3rd man, (not me, not the biological father.) it is my belief, that the new husband is in fact the biological father since he lived across from us when I was always out of town on business. I need to take positive measures, I just dont know where to begin

Again, it's really a moot point now. The kid is of legal age now.

Which is it? Did the man legally adopt her or did the last name merely get changed to his last name? There is a difference.

Belief means nothing. Proof is what counts. Why not have a paternity test to know once and for all?

You haven't answered any question any of the previous responders have asked. Why is that?

[KevAmor]

read it again I did answer. The question is, how am i going to get a paternity test done now? and if I did what difference does it make? I just dont want to pay the ex any more money, she had an affair, I tried to raise the kid as my own to keep my family together. We divorced, she remarried and the other guy took over from the time she was 12...changed her name and moved out of state, Ive never had contact again.