DoI have to pay child support ifthe child isnot mine?

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DoI have to pay child support ifthe child isnot mine?

My wife and my self have been legally separated for 7 years now. She lives in FL; I live in VA. She is getting ready to have a baby and she said that I will have to pay child support. She said the FL law says that because our separation is over 2 years old that I will have to pay. Is this true? I haven’t seen her in 7 years.

Asked on August 19, 2010 under Family Law, Virginia

Answers:

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

Answered 10 years ago | Contributor

Now is the time to file for divorce and to request a paternity test. There is a presumption that a child that is born to two people who are legally married is a child of the marriage and yes, you would be responsible for child support.  The "presumption" needs to be "rebutted" and the way that you do that is through DNA testing.  Seek legal help with all of this, especially since you are going to have to fight things from another state.  It may be best to get an attorney in Florida who can appear on your behalf without the fear of high legal fees.  You have both obviously moved on with your lives.  It is time to make it official.  Good luck.


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