affidavit to guard from child support

[ramon87]

my wife and I have been together for 3 years now and 1 year of marriage, she had a baby on November 2009 said to be mine. However, recently I discovered that the child is not mine and that the biological father lives in other state. I'm planning on divorcing my wife and would like to know if by making an affidavit stating that the child is not mine and that under any circumstance, I am not responsible or obligated to the child's care or necessities. would I be guarded from paying child support in the future?

PS she is willing to sign the affidavit, taking any parenting rights from me.

 

[Duranie]

Do you know for sure the baby is not yours? Have you had a DNA test? You need to legally dispute paternity. google this, or see an attorney. If your name is on the birth cert, you are the legal father and you need to have your name removed.

 

[ramon87]

Yes I am certain that the baby is not mine. why does it have to be disputed if the mother of the child herself is releasing me from any responsibilities or obligations that the child my need in the future. yes my name is on the birth certificate, I did not know I could remove my name form it though.

 

[BayState]

Yes I am certain that the baby is not mine. why does it have to be disputed if the mother of the child herself is releasing me from any responsibilities or obligations that the child my need in the future. yes my name is on the birth certificate, I did not know I could remove my name form it though.

You will need to motion to DISestablish paternity during your divorce. A DNA test will be needed. After paternity is disestablished an order will be made to alter the BC.

 

[ramon87]

Ok I understand, but would it be possible to request for that DNA test to be paid off by the biological father (otherwise the mother in case the biological father is absence) if the test results come out to be 0% or possibly sue?

 

[Gail_in_Georgia]

At this point in time, you are considered to be the legal father (i.e., you are married to the mother and your name is on the birth certificate). You can certainly request the mother pay for the DNA test but the lab doing the testing isn't going to care who pays for this...just that it's paid for.

Gail

 

[ramon87]

great, I guess for that to be fail proof the mother must state that she will be resposible for the expenses also right?

 

[Theresagail]

Just pay them, If it comes out that you are not dad-and if she does not pay you back then file small claims.

 

[ramon87]

thank you.