All parents are required to support their children, both during marriage and after a divorce. And all children born into a marriage are presumed to be the legal children of both spouses. However, it does happen sometimes that a husband isn't the biological father of a child born to his wife. What can he do in that situation? It depends on where he lives.
- Some states do not allow a husband to question the paternity of the child if the child is born during or shortly after the marriage. You are responsible for supporting that child even if you are not the biological father.
- Other jurisdictions require that the question of paternity be brought up within two years after the birth of the child. If it's later than that, then once again, you remain responsible for the child's support.
- Voluntary paternity testing is available if your state does not allow the husband to question paternity within the legal system.
Child Support
If paternity (DNA) testing determines that a man is the father of a child, the law will require that the father support the child whether or not he is married to the mother of the child. How much support the father will have to pay will depend upon the income of both parties and the child support guidelines of their particular jurisdiction. And a husband who is presumed to be the father of a child born into a marriage is responsible for child support in most cases even if it's later determined that he is not the child's biological father.
Child Support Fraud
Can you be reimbursed for paying support for a child that is later found not to be yours? If you can prove fraud, it's possible that you might receive some kind of compensation--but these cases are very difficult to prove and to win. And you would not be reimbursed for the actual expenses of caring for the child--instead, you might receive damages on the basis of the mother’s deceit for allowing you to pay support for a child she knew was not yours. A simple mistake on paternity does not amount to fraud.
Be Proactive
If you have any reasonable concern that the paternity of your child may be in question, take steps to protect yourself.
- Request a paternity test before or shortly after the child is born.
- Find out what your rights are to question paternity in your state, especially if you are married.
Paternity of a child can is a serious matter, and the effect on the child goes well beyond just the payment of child support. Contact an attorney for information about your rights and options.
