I’m Thinking of Divorcing, Will my Husband Need to Pay Child Support If he Isn’t the Children’s Biological Father?

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“I am married and have three children from my ex-husband. My husband has been taking care of me and the children for over 9 years (we live in Georgia). I am thinking of getting a divorce. I have never gotten any money from my ex-husband, he is disabled and could not pay. I do not, nor have I ever, received any type of money for my children from any other source except my husband, now. He, in his heart always declared them as his. I do have this question: If we divorce, does he have any ties to have to pay child support or alimony or anything to help me still support the children?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

He was always the bread winner. I made a little bit of money, but not enough for anything. I still do not make a lot, that is why I ask.

Our home is just not happy anymore but I cannot afford to raise three children on the little bit that I make.”

Based on the circumstances you describe, your husband, as the bread winner, may very well have to pay alimony. Judges in Georgia have wide discretion on the amount of alimony, the duration of payments, and any lump sum amount that might need to get paid. The Court would consider both your needs and his ability to pay, as well as any other assets you have available, debts or your earning capacity.

I do not know of any laws that would entitle your children to receive spousal support from your husband.



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Author: House Attorney

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