Can the father demand a paternity test to prove that they are his children before paying child support? 6 Answers as of July 16, 2015

I'm the girlfriend of a guy who's going through a nasty divorce from a woman who is a piece of work. This woman cheated on him numerous time on him with both sex, stole his financial information to buy stuff, did drugs and emotionally and physical abused him. My question is about the two boys they have together. My guy knows that his oldest isn't his but he didn't know this until after he was born and a year old. She was already 3 months pregnant when they got together but she didn't tell him. Now he's wondering if his youngest is even his. He never sought a paternity test because he didn't want to know because regardless of everything, they're his kids. Now that they're separated and going through with the divorce and with her demanding money from him even though nothing is drawn on paper, is he able to file a paternity suit and have the real father of the boy pay the child support? Mind you, the woman doesn't work, had been collecting unemployment until recently and has no desire to find work to support herself. She is still doing drugs though she went to rehab and now trying to have another child with a man she just started dating who doesn't even work. Me being dragged into this, I dont want my guy having to give what hard money that he has earned to a woman who is too lazy to do anything and only cares about how she gets her money. I think that the real father of the boy should be the one to be paying child support especially if she knows who he is and friends with him.

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Usually these issues can be brought up as part of the divorce case including requiring the mother to find work. He should consult his lawyer and if he does not yet have one in a matter affecting some of the most important issues, he should find one very soon.
Answer Applies to: Wisconsin
Replied: 7/16/2015
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Let him handle this matter and the children are presumed to be his legally since he was married to mother at time of birth.
Answer Applies to: Georgia
Replied: 7/16/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If the children were born during the course of the marriage, they are presumed belong to the husband. Please meet with an experienced family law attorney to explore your legal options.
Answer Applies to: California
Replied: 7/15/2015
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
He can ask for a paternity test but the court will have to determine whether such a test is in the best interest of the children (ie if being left with no dad is a great option for a kid); otherwise, the court can indicate that the marital presumption remains and he is legally the father.
Answer Applies to: Wisconsin
Replied: 7/15/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
I would suggest that your boyfriend start acting like a man and engage an attorney to protect himself from this woman and her allegations. It is possible during the course of the divorce to seek to have a paternity test to determine whether or not children born during the marriage are indeed the product of the marriage. Such obviously complicates things and makes an attorney all the more necessary.
Answer Applies to: Michigan
Replied: 7/15/2015
    Peggy M. Raddatz
    Peggy M. Raddatz | Peggy M. Raddatz
    The law in Illinois is when you are married all children conceived and/or born during the marriage are children of the marriage.
    Answer Applies to: Illinois
    Replied: 7/15/2015
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