Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

CHILD CUSTODY & CHILD SUPPORT

Question #49:
This is my question. I had a discussion with my Daughter. She had two children and has married some one who is not the real Father. He has not adopted her children. My argument is! If she gets divorced does her husband have to support her children even though they are not his. I would appreciate a answer just to settle our disagreement. I say he doe's not.
Thank you for a reply.

Answer:


If he is named as the father on the birth certificates, even if he is not the biological father,
he is responsible for their support. If he is not named as their father and has not adopted them,
even if he married their mother and has provided some support while married, he would generally not
be obligated to support them after divorce unless there were some extenuating circumstances requiring
him to do so.

Leonard M. Weiner, Esq./Divorce Solutions
Back to content