– from Shawn S. in South Milwaukee, WI

Question Details:

My wife and I are about to go through a divorce. We have one child who is seven months old. We're getting a divorce because she recently told me that I am not actually the father of the child, meaning she cheated on me. Will I have to pay child support if she gets custody of the child?

Family Law Attorney Response:

If you do not want to have any relationship with the child and choose to not parent the child, you should not be required to pay support.

In A.M.N. v. A.J.N., 141 Wis.2d 99, 414 N.W.2d 68 (Ct. App. 1987), the court reviewed Wisconsin statutes and decided that a husband is not bound to support non-marital children born to his wife. Although Wisconsin has not articulated a theory of equitable estoppel specifically applicable to child support proceedings, many other jurisdictions have done so.

If you are still looking for a family law attorney, give me a call.

Lawyer Holly Mullin from Sterling Law Offices
Holly Mullin, J.D.
Family Law Attorney

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