What to do if I married a woman but it turned out that she was still married in another state?

We had one child together and while I was away (I was in military)she cheated and had another child. Our marriage is technically null since she was still married at the time correct?I am having to pay child support for the child that is not mine. I have been trying to get my payments smaller due to living on fixed income (I recieve disability from the military). The courts hit my bank account with $15,500 which I don’t have and will eat my paycheck every month. I cannot close my account because I can not change my direct deposit with military. How do I fix this? She signed her rights over on our child who I am having trouble getting custody of.

Asked on January 11, 2013 under Family Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have a lot to do here to set things straight so take a deep breath and let's get going.  First, the issues here about the marriage are separate from the issues as to the child.  The child is yours and you are obligated to support him or her.  But the other child is not yours and you need to bring an action to establish that you are NOT the father.  Once the DNA testing is done and the matter is confirmed you can bring an action to stop the support.  Hopefully the court will allow same.  I say "hopefully" because one never knows but you need to take the matter as far as you can.  Now, you need to get proof and bring an action before the court for an order stating that your marriage was void.  Even though it really is you don't want anything coming back to haunt you on it later on.  Good luck.

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