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re: Wife having a child while married that isn't yours

Posted on 12/28/17 at 6:04 pm to
Posted by vodkacop
Louisiana
Member since Nov 2008
7864 posts
Posted on 12/28/17 at 6:04 pm to
It's true. Dude found out kid wasn't his, divorce followed and he still had to pay support because judge said mama didn't know the real dad and it was wrong for the child to be punished and be poor without any support
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
36238 posts
Posted on 12/28/17 at 6:15 pm to
quote:

If the baby is born 300 days within the end of the marriage it is still presumed the husband's.

Which sucks in filing domestic litigation because it requires the presumptive legal father to name the biological father as a co-Defendant in a divorce action against the mother, which drives attorney fees and costs even higher.
Posted by ElderTiger
Planet Earth
Member since Dec 2010
7015 posts
Posted on 12/28/17 at 9:07 pm to
There was a PGA golfer that had this issue a few years back. As I recall, he and his wife divorced and the biological father fessed up and got custody.
Posted by vjp819
South Sec. 414 / Alex Box Sec. 210
Member since Nov 2003
10882 posts
Posted on 12/28/17 at 9:11 pm to
Your co-worker is 100% correct.
Posted by GoldenSlumbers
Stuck on the MRB
Member since Dec 2016
21 posts
Posted on 12/28/17 at 9:18 pm to
Art. 186. Presumption if child is born after divorce or after death of husband; effect of disavowal
If a child is born within three hundred days from the day of the termination of a marriage and his mother has married again before his birth, the first husband is presumed to be the father.
If the first husband, or his successor, obtains a judgment of disavowal of paternity of the child, the second husband is presumed to be the father. The second husband, or his successor, may disavow paternity if he institutes a disavowal action within a peremptive period of one year from the day that the judgment of disavowal obtained by the first husband is final and definitive.
Amended by Acts 1976, No. 430, §1; Acts 2005, No. 192, §1, eff. June 29, 2005.
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65887 posts
Posted on 12/28/17 at 9:21 pm to
Finally someone actually quoting the statute.

Thanks

4 pages of mostly morons
Posted by bulldog95
North Louisiana
Member since Jan 2011
20728 posts
Posted on 12/28/17 at 9:23 pm to
Only if he signs the birth certificate.

A women can get child support from the person listed on the birth certificate (if married at the time of birth) and the biological father if she is divorced....

I heard it and saw it happen in court while I was waiting my turn....
Posted by The Torch
DFW The Dub
Member since Aug 2014
19425 posts
Posted on 12/28/17 at 9:33 pm to
quote:

the biological father fessed up and got custody.


Jody never fesses up Baw
Posted by The Torch
DFW The Dub
Member since Aug 2014
19425 posts
Posted on 12/28/17 at 9:38 pm to
My neighbor suspected his 2nd child wasn't his due to the fact that he was in jail when his ole lady got knocked up.

After birth he requested a DNA test which showed he was not the father, he was so pissed he ordered one on their other kid who was 15 and he was not the father again ha ha

Seems like he had to pay anyway
Posted by TurkeysAndBees
Member since Jan 2017
651 posts
Posted on 12/28/17 at 9:53 pm to
quote:

Only if he signs the birth certificate. A women can get child support from the person listed on the birth certificate (if married at the time of birth) and the biological father if she is divorced.... I heard it and saw it happen in court while I was waiting my turn....


Not sure what the whole thread is trying to say or prove. Along with pleadings to modify specifics of custody, a paternity test will overturn financial liability from a previously signed birth certificate if proven the child is from another man. If the husband suspects a wife's former lover, he may subpoena the man to a paternity test. Upon proving who the father is, financial liability for the child's future becomes the biological father's and mother's.

The scenario the poster above quotes would be possible IF the non-paternal related man wants to retain visitation and some part custody of the child. In this way, both men would be responsible for support.

There are some states that a step parent will pay support if custodial parents can't afford but Louisiana is not one. Another way a step parent can be liable is if he has taken on the role as a child's guardian and has supported the child in the past. This would not be fair to a child if a man has taken the role of his father...then decides to just quit. Bottom line is a man (in the long run) will not have to pay child support for a child that is not his if his wife suddenly becomes pregnant when married and he can show it isn't his... signed certificate or not... it's just a matter or proving the wife slept with another man in an adulterous condition by having a test ordered. Now if the cuck attempts to reconcile with his wife, knowing she had an affair and got knocked up, either while she is pregnant or after the baby is born, then things can get a little sticky.
This post was edited on 12/28/17 at 10:11 pm
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65887 posts
Posted on 12/28/17 at 10:20 pm to
quote:

My neighbor suspected his 2nd child wasn't his due to the fact that he was in jail when his ole lady got knocked up.
Two responses-

1. Child of Torch?
2. Trashy Neighborhood you live in.
Posted by boosiebadazz
Member since Feb 2008
80399 posts
Posted on 12/28/17 at 10:22 pm to
It’s because he waited too long to disavow.
Posted by TurkeysAndBees
Member since Jan 2017
651 posts
Posted on 12/28/17 at 10:32 pm to
quote:

Finally someone actually quoting the statute.


That statute is just how the court sees it until paternity is challenged or pleadings filed. Kind of a temporary ruling. The "presumption" the statute speaks of is easily overturned once paternity tests flush out the facts. The statute is simply to protect the child, holding the first logical "father" responsible until the smoke clears. If the child is shown to be from another man, that statute is superseded by findings under the next provision in the process of determining support. The man, whether married or having signed birth certificate will ultimately NOT be forced to pay support if the child is not his.
Posted by AUstar
Member since Dec 2012
17059 posts
Posted on 12/29/17 at 3:46 am to
quote:

One of my coworkers is swearing up and down that if your wife gets pregnant while the two of you are married and has the baby while the two of you are married, that you are still legally considered the father and are still responsible for that child (in Louisiana) even if you are not the biological father.


He could be right. It is that way in many parts of the country. This is why there's a whole organization built around fighting for men's rights in these types of situations. Judges are much more likely to rule in favor of the child's best interests, no matter if the man gets screwed and is forced to raise a child that's not his.

Again, I don't know about Louisiana law, though.
Posted by bayourougebengal
Member since Mar 2008
7193 posts
Posted on 12/29/17 at 8:52 am to
quote:

If the baby is born 300 days within the end of the marriage it is still presumed the husband's.


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