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Am I legally responsible for my soon to be ex wife's unborn child if it is not mine?
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Am I legally responsible for my soon to be ex wife's unborn child if it is not mine?

I'm currently in the middle of a divorce but am not legally separated as in mississippi does not have legal separation. She is 7 months pregnant with her boyfriend's child. I'm being told that i am legally and financially responsible for it. Is this true?

No if you can prove it's not yours, but the burden of proof will be on you if she claims it is yours.

I'm not sure how it works in your state but I can't imagine it's much different than it was for me in Illinois - I was 2 months pregnant with my now husband's baby while my divorce from my first husband was still going through (it took a LONG time). During the divorce proceedings in front of the judge I had to answer the question "were there any children conceived during the marriage"? Needless to say, I answered no. I was only 2 months along though, so I wasn't showing yet, unlike your ex at 7 months. When my son was born, I wasn't able to put his father's name on the birth certificate due to some stupid law that says I have to have my ex husband certify that he's not the father because the divorce was finalized less than 12 months before he was born. I guess every state has different stupid laws, but by no means will you be responsible. Whoever is telling you this is very misled, just ask your lawyer.

Samuel Lann
you have to be very careful, that's a touchy situation dont agree to anything and make sure to ask a lawyer http://protectionformen.com/

if you are legally married than its always assumed your the father, but today with the dna testing you can easily prove your not the father. i would contact an attorney and you won't be able to do a dna test until the child is born.

Barb Outhere
So many here have it wrong. Until you can supply proof that the child is NOT of the marriage - DNA testing - then, as a married couple, it is assumed BY LAW that the child is of the marriage - that is, that the child IS yours. And yes you would be responsible for its welfare and care. Its not fair, so you need to be prepared to take the issue to court, if she refuses the test otherwise.

Yes you are as long as she give the baby your last name. But the only way out is DNA test would re leave of any responsible but you have to wait to the baby is born first and you should inform the judge handing you case so he want change wouldn't place any financial obligation.

It depends on the law in your state. Many states take the position that any child conceived during a marriage (unless it happens after the parties are legally separated) is a "product of the marriage". My father's first wife (not my mom) conceived and gave birth to two children while my dad was stationed in Germany in the army. When he left for the army, there were two kids. When he returned four years later, there were four kids. Needless to say, they divorced. Even though he could not possibly have fathered the two new kids, the family court judge ordered him to pay child support for them. Today, with DNA tests and whatnot, you'll have an easier time proving the child's parentage. Here's a link to a resource for you to do more research: http://law.findlaw.com/state-laws/family-law/mississippi/ Good luck!

Absolutely, not. He is not your blood child, he is the boyfriends responsibility. He has to support that child and pay child support if they break up. I don't know who is telling you that, but they are wrong.

Poopsie Mellish
As long as you don't sign the birth certificate, but she can ask for a DNA test and tell her boyfriend needs to take one too. Call Maury shoe and they will fly you all down and it can be done for free. I bet her boyfriend will be screaming it is yours. It would be funny if you both were not the father! Then you both can celebrate over some beer together!

That is not true; it is 100% false. You are not legally OR financially responsible for another man's child. The only exception that sometimes happens in the courts is if a guy had thought it was his child, put his name as dad on the birth certificate [don't worry, if your ex does this, by itself it means nothing], and raised that child...then if the parents divorced years later the court may still consider this guy the child's dad because he raised the child as his own. This exception has NOTHING to do with your situation. You know that you're not the child's father and you have no intention of raising it together with your ex-wife, so this has nothing to do with you. I am 100% certain of this. You will need to request a paternity test at any point that she tries to hold you accountable to pay for anything. Then that will be the end of it! Take care.

Rae D
That sounds fishy to me. I don't think you are but you should ask a lawyer they;d know for sure. But my uncle's ex wife got pregnant when they were still legally married and I'm pretty sure she tried to pull that same garbage. I'm confidant you aren't responsible but it's better safe than sorry.

Noooooooooo! The baby's father is. She just doesn't want you to leave her because the father of that baby probably won't be responsible, leave anyway!

Nope, how can you be responsible for a child you have not fathered unless you have adopted it.

lol no its not ur child as long as u dont sign the birth certificate and get a dna test u dont have 2 pay anything

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