How can I prove whether or not the child my wife gave birth to during our marriage is mine?

I was divorced a year ago but did not get a lawyer to help me. My ex makes a healthy salary and did not offer alimony or much help at all. I have fears that she was unfaithful most of our marriage and the one child might be another mans. She took me to court again to come after child support while I was working an $8.25 per hour job. I left that job because it was an hour drive and the people there where nothing but mean. I am now in my parents basement. broke, $10,000 in debt and jobless.

Asked on July 26, 2015 under Family Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You would need a DNA test: that is the only way to confirm or deny parentage. If she protests or, as the custodial parent, will not allow this, you should be able to get a court order requiring the test. If the child is not yours, that may well modify or potentially eliminate your child support obligations. However, since courts do not like to reduce or eliminate child support, and there is a presumption that a child born during marriage is the child of the spouses, this is likely to be a complex case; so while you do have rights, you are advised to hire a family or matrimonial/divorce law attorney to help you.


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