What to do if I’m getting divorced after a 4 year separation but my wife has children by another man and I don’t ant to be responsible for child support?
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What to do if I’m getting divorced after a 4 year separation but my wife has children by another man and I don’t ant to be responsible for child support?
I was forced to leave the army at the beginning of the divorce. Now I can’t remember if I signed a legal separation. My wife and I want to just break it off clean but she has had kids by another man. She doesn’t want me to be charged child support for them because we both agree they aren’t mine. I’m not sure what to do. Will getting that army paper help to speed things up?
Asked on July 21, 2015 under Family Law, Florida
Answers:
Joanna Mitchell / Joanna Mitchell & Associates, P.A.
Answered 8 years ago | Contributor
NO, getting that paper from the Army won't change anything, as Florida does not recognize legal separation. During the divorce, you will need to file an Affidavit of Non-Paternity and the biological father will need to file an Affidavit of Paternity. Then, presuming your Wife is in agreement, you will have no legal obligation to the children.
Joanna M. Mitchell / Mitchell & Associates, PA
Answered 8 years ago | Contributor
NO, getting that paper from the Army won't change anything, as Florida does not recognize legal separation. During the divorce, you will need to file an Affidavit of Non-Paternity and the biological father will need to file an Affidavit of Paternity. Then, presuming your Wife is in agreement, you will have no legal obligation to the children.
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