Full question:
My wife had an affair while I was deployed and is now pregnant by this guy. We are going to get a divorce, but due to her spending all the money while I was gone, I can't afford to hire a lawyer. If she has the baby before we are divorced, am I responsible for this child?
- Category: Paternity
- Date:
- State: Georgia
Answer:
Generally, a child born during a marriage is presumed to be the legitimate child of that marriage. However, if a divorce is sought due to an affair and the child is born after the divorce is initiated, the child may not be presumed legitimate. A paternity action can be filed to establish biological fatherhood.
Once paternity is established, the court can order child support, making the biological father responsible for financial support, regardless of marital status. Parents are legally obligated to provide for their children’s needs. If parents are not married and cannot agree on support, the court can intervene and set child support amounts.
Additionally, a court may require the father to cover pregnancy-related expenses. The father's liability for past support may be limited to what the court considers fair based on incurred expenses.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.