If I want a divorce but have 2 children, only one of which is my husband’s, can I get child support for both of my kids?

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If I want a divorce but have 2 children, only one of which is my husband’s, can I get child support for both of my kids?

Asked on December 30, 2011 under Family Law, California

Answers:

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

Answered 9 years ago | Contributor

Generally speaking, your husband is only obligated to support his child and not the child of another man, unless of course he adopted the other child during the marriage.  What you would have to do is to establish the paternity of the child that is not your present husband's (if it is not already done so) and file for support for that child from his or her father.  If your present husband wants to voluntarily support the child that is a completely different story.  But I would suggest that that be done in writing and a signed agreement laying out the fact that he is not the natural father.  I would suggest speaking with an attorney in your area on the matter.  Good luck.


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