Full question:
I have a friend--honestly its not me- anyway, she has been married to her husband for 18 years they have 2 children. The youngest son is 10 he does not belong to her husband--her husband does not know this. A good friend of the family is the bio father--he is also married --his wife does not know the boy is her husbands son. If my friend tells the truth what are the bio fathers responsibilities financially? Would he be entitled to pay child support or even back child support(she says yes I say no)Also what consequences are there for her since her husband has supported a child for 10 years that isnt even his. I live in TN my FRIEND LIVES IN VA -- the BIO father lives in TN
- Category: Paternity
- Date:
- State: Tennessee
Answer:
In Tennessee, a man listed on a child's birth certificate is presumed to be the father. If the biological father is identified, he may be responsible for child support, including back child support, if paternity is established. However, the courts will consider various factors before determining retroactive support, such as whether the biological father was aware of the child's existence and whether the mother failed to notify him.
If the biological father proves he is not the child's father, he may not have to pay future child support, but he won't be reimbursed for any support he has already paid. The case of White v. Armstrong illustrates that a presumed father can seek to establish that he is not the biological father and seek relief from child support obligations (Appeal No. 01A01-9712-JV-00735).
In Tennessee, the law allows for DNA testing to establish paternity, even after a court has previously ruled on the matter. If the biological father is determined to be the child's father, he may be liable for both past and future support. For more details, you can refer to Tennessee statutes regarding custody and parentage (Tenn. Code Ann. § 36-2-303, § 36-2-304).
It is advisable for your friend to consult with a local attorney to understand the implications of revealing this information and to navigate the legal complexities involved.
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.