Do I owe child support if the child is not mine and I am getting a divorce? 2 Answers as of July 19, 2011

My friend separated from his wife two years ago, but can't divorce her yet (custody issues regarding their son). The woman got pregnant by her boyfriend, but then they broke up. She told my friend that she's required by Georgia law to give the baby either her legal last name (my friend's surname) or the father's last name. The mother doesn't want her child to have the biological father's surname. We're concerned that if the mother gives the baby her name (my friend's surname), she'll try to force my friend into paying child support. Because they're still technically married, can she make my friend pay child support on a child that isn't his?

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Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
If the child was conceived and born during tine marriage and your friend's name is on the birth certificate, that would be a rebuttable presumption that the child is your friend's. Paternity would have to be objected to either in a divorce action or in a child support action during the separation. Your friend would have to show evidence of the affair in order to rebut the presumption that the child is his and request a paternity test.
Answer Applies to: Georgia
Replied: 7/19/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Your friend needs to stop wondering and to get a good lawyer. ANY child born during the marriage is his, and he will have to support the child, unless the issue of paternity is resolved to the contrary in a divorce. Absent cooperation from the bio-dad and between the parties, this can be exceptionally complex.
Answer Applies to: Georgia
Replied: 7/19/2011
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