Robert A. Chapski, Ltd.

Divorce and family law attorneys serving Kane County and the surrounding areas

Divorce and family law attorneys serving Kane County and the surrounding areas

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Protecting Your Rights In Family Matters

The child isn’t yours? Speak up during your divorce

| Jan 24, 2020 | Child Support And Maintenance

There are always couples who have called into question the biological parentage of their children. Perhaps one woman slept with a different man during her marriage and got pregnant. Maybe there is a question about the legitimacy of the child and their relation to the woman’s husband.

If the couple decides to divorce, this could cause a major issue, especially if the father does not want to pay support. When married, the husband is generally assumed to be the father of a child, so the obligation to pay support is already there. However, if you don’t think that the child is yours, then that might create a different set of circumstances in which your attorney can ask the court to relieve you of those duties.

When should you seek a DNA test before agreeing to pay child support?

If there is any question about the parentage of a child, it’s important to ask for a DNA test as soon as possible. Doing so helps prevent situations in divorce where a father doesn’t believe that a child is actually his biological child.

Can you sue if you pay support for a child that isn’t yours?

It depends. If you find out later that your child is not biologically yours despite being told they were, then you might have a case. This is a sensitive subject, so it’s important to bring all the information when you talk to your attorney. Your attorney can give you more information on how to handle a case like this and if it’s possible to ask for a refund of the support you paid in the past.