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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 10903
Experience:  30 years as a practising solicitor. Partner in own firm.
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My husbands ex lover is demanding that he pay child maintenance

Resolved Question:

My husband's ex lover is demanding that he pay child maintenance for a child she conceived 7 years ago when they had a fling. Her husband knew about the fling and agreed to bring the child up with her and is named on the birth certificate. Paternity has never been established but her husband has raised the child (he is the house husband) and is regarded as the father. My husband has refused to have anything to do the the child and has no interest in the family. Can she demand that he have a DNA test and pay child maintenance, when the husband ( both then and now) has recognised the child as his own and has brought him up.
Submitted: 2 years ago.
Category: Family Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

Yes she can, unless her husband has adopted the child I'm afraid your husband is liable to pay child maintenance.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
Is this right? Why would her husband have to adopt the child, if he has already claimed him as his own by being named on the birth certificate? Won't he have to be removed from the birth certificate before she can claim that my husband or anyone else could be the father?

Expert:  JGM replied 2 years ago.
The natural father is the one due to pay child support. If a DNA test shows that the father named on the birth certificate isn't the natural father then the birth certificate becomes irrelevant.
Customer: replied 2 years ago.
Even if she is still living with and married to husband?
Expert:  JGM replied 2 years ago.
Yes, the biological father has a duty to pay maintenance irrespective of any other factor short of adoption.
JGM, Solicitor
Category: Family Law
Satisfied Customers: 10903
Experience: 30 years as a practising solicitor. Partner in own firm.
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