Ex is threatening to sue for child support even though I'm not the father. Can she?

Okay long story short my ex cheated got pregnant. At first I agreed to stay and help take care of her and the baby, but after a while I found I couldn't move pass the face she cheated and that I didn't feel right taking care of another man's child. So before the child was born I broke it off. Two months after I did the child was born and since she has no idea who or where the real father is she plans to sue me because we were in a relationship at the time of the conception. Can she do that? Plus my name isn't even on the birth certificate. What should I do?


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Most Helpful Girl

  • Get a DNA test and see if the child is yours. Hopefully it's not.

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    THIS IS NOT RELEVANT ANYMORE

Most Helpful Guy

  • That varies by state, you need to consult a family law attorney near you.

    Under Georgia law, if you're married to a woman, any child born to the wife is automatically the child of the father unless a court declares otherwise. I am not sure if that applies to whether the child was conceived during the marriage.

    Though you didn't say if you were married or not. If you weren't married, as long as your state does not have common law marriage, tell your ex to go pound stand. If your name was not on the birth certificate and there was no marriage, unless you filed to make the child legitimate, you should be fine.

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    THIS IS NOT RELEVANT ANYMORE
    • If you're in Georgia, write out the specific details and I can actually ask a pretty good attorney for his opinion on Wednesday, for free.

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What Girls Said 1

  • Get a DNA test.

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What Guys Said 6

  • It is still going to cost you some $$. You'll have to have a paternity test done and pay lawyers for court to prove you are not the paternally father. if your name had been on the birth certificate you'd be screwed.

    its a shame it isn't the child's fault but they are the ones who have to suffer with one parent this happens all to often now days but I can understand your point of view as well

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  • She can sue you can take a paternity test, you won't pay.

    If you had acted as the child's father for over a certain length of time then you'd be on the hook regardless.

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  • Bro, that is every man's nightmare. Consult the gov't sites and maybe a lawyer.

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  • DNA, one, two, If you are not the father she has no case.

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  • No, have a DNA test done.

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  • I think it's unlikely because you never actually looked after the baby. There have been some cases in the US, where women have committed paternity fraud but have been allowed by the courts to keep receiving child support from the non-fathers. But, as far as I'm aware, in each of those cases, the non-father had already started paying in the mistaken belief that he was the father.

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