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Denver, CO 80206

Child Support, Paternity Tests, and Liability Through Marriage

Hello! My ? Is…. I married my husband while he was in prison. He had 2 children prior to going to jail or before we became married. The mother’s of the children has him on child support, but he doesn’t know if these kids are biologically his. One of the kids is 5 & the other is 6 years of age. He didn’t sign the birth certificates for either child. Is it too late for him to take paternity test and if he didn’t father them, get off child support? Also, since he is in prison & we did get married after these kids were born, am I liable to pay his child support? Can the court garnish my wages even if these kids are not mine? Also, when we got married, the paperwork that we signed. His social security # was recorded wrong & it belongs to someone else….. Does that legally mean that I’m not really married to him?

Your husband had 5 years to contest paternity regarding the two children. Since that window has come and gone, he is stuck paying child support.

You are not and never will be responsible for his child support. That is and will remain his sole debt. However, if you have jointly titled assets such as bank accounts or a house, the X could obtain a judgment and garnish the bank account or lien the house.

Your husband’s name must not be on any of your assets. If it is, you are at risk.

You should file an amended application for marriage license which states your husband’s true social security number. You marriage is still valid.