Legal advice about divorce..

this is a little confusing so i will give as much detail as possible i am in the middle of getting a divorce i have one child with my ex husband and one that i had while we were separated.. the other child is not his no chance at all and her real father isn't either worth speaking about. so when she was born she took my last name which of course is my ex husband last name and the fathers name on her birth certificate is left blank. well my lawyer is saying that he (my ex husband) will have to pay child support on both of them even though she isn't his. he isn't happy about this i dont want to go after her real father because he is worthless and a huge mistake my question is this can i just legally change her name to my maiden name to bypass everything or put the man i am with nows name in the fathers spot (we have been together since she was five months old) and he is the only father she knows and he wants that job....any legal advice would be great helpful!Legal advice about divorce..
I'm not sure what you want here. Do you want child support on the first child, or not? Changing your name doesn't negate the man's obligation to pay child support.


There's a law called ';doctrine of equitable estoppel'; which means the man who acted as the father of the child is considered the responsible father. This is why your lawyer said your ex/husband will have to pay child support. Changing your name doesn't change the law.


What's your question, anyway?


Legal advice about divorce..
I get it your lawyer is saying your husband is responsible because you were married at the time the child was conceived....Well, I would change the babies last name to your maiden name and change your last name back as well that would be a simple fix. I commend you for trying to correct the problem instead of making your husband pay for a child he didn't father.
Just tell the courts or any attorney that youre not seeking any child support whatsoever on your one child as your soon to be ex is not the father and leave it at that. Your soon to be ex can petition for a paternity suit but ther really no reason since youre not going for support on the other child. Make sureyou tell the Judge this when child support issue comes up
The advice from your lawyer does not make sense. Your ex husband is not in any way responsible to pay child support for a child that isn't his just because of the info on the birth certificate.
Here's my advice to you.





Unless your soon to be ex husband is going to be her father, as in going to have visitation with her, and going to call him ';daddy'; and COMPLETELY take on the roll as her father, please tell the judge to only consider child support for the older child.





It would not be fair of your ex to have to pay for your youngest daughter when it's not even his child and he is not going to be granted visitation or paternal rights to her. I feel very strongly about that - why should he have to pay for a child that's not his?





You shouldn't have to change your daughter's last name for that to be the case. Leave her last name as what it is, and just explain to your lawyer and the Judge that you only want to hold him responsible for support of the oldest child, because that is the only child that's his.





However, if he assumes full legal responsibility of her and is going to be granted visitation by the court, then sure he should be paying child support. If the court does not grant him visitation though, please don't make him pay child support on the younger child. It wouldn't be fair.





Good luck.