Question A friend of mine was married to a woman from another country for 20 yrs. 8 yrs into the marriage she got pregnant and had a child. 3 yrs later they got into a fight and she told him the child was not his. He did a paternity test that proved he was not the father. He forgave her and tried to work things out. But after finding out she had several more affairs he divorced her, but she wants $1500 a month in alamoney & half of his retirement. Is there anything he can do to prevent this due to the fact she committed adultry? She even put the bio father on the birth certificate.
Answer My understanding is that, since he excused her act and lived with her as the father of the child he may be treated as the father in legal terms; however, name of the bio father on the birth certificate may negate this presumption.
I would strongly recommend that your friend consult with an experienced family lawyer on this issue since this is outside of my area of expertise.
Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.
Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.
Organizations Member - AILA.
Bar Council of India.
Education/Credentials LL.M - Benjamin N. Cardozo School of Law, NY.
LL.B - Campus Law Center, University of Delhi, New Delhi.