A friend’s son got a call the other day from the woman who’d divorced him a year earlier (wedding planning and uncontested divorce legal proceedings combined lasted far longer than the marriage itself). She had found a higher-income sex partner at some point during the brief marriage and it seems that she’d given birth to a child 13 months after a divorce agreement was approved by a judge (this kind of divorce-by-agreement rather than actual litigation happens about 17 percent of time in the county that we sampled within Massachusetts (statistical study for Middlesex)).
The divorce didn’t become final until 120 days following the approval by the judge and Massachusetts presumes that a child born within 300 days of the technical end of a marriage is the responsibility of the ex-husband. A birth certificate application with the new husband’s name on it as the father had been rejected (tough to believe that all of these town and county record-keeping systems are linked!).
The new mom wanted her discarded former husband to sign an Affidavit of Nonpaternity. The situation turns out to be sufficiently common that there is a standard form.
(It wouldn’t have made great financial sense for her to try to collect 23 years of child support from this guy given his low-ish income and the fact that a DNA test might get him off the hook, but marrying the lover/biological father and collecting from the ex-husband can work; see “Post-Divorce Litigation” for a link to a NY Times article about an example situation:
“I pay child support to a biologically intact family,” Mike told me, his voice cracking with incredulity. “A father and mother, married, who live with their own child. And I pay support for that child. How ridiculous is that?”
- Q&A on this topic with answer from lawyer: “You, as the bio-dad, have no rights if legally the child has another father. … If his rights are not terminated, you can file for child support and he must pay it.”
- discussion forum thread, in which a responder asks the new sex partner of the divorce plaintiff: “Just to toss this out there; are you 100% [sure] this is your child?” (also provides some insight into how long it may take to litigate a no-fault divorce in Massachusetts: “My GF and myself have been together for 4 years, and now have a baby together. However she is in the process of getting Divorced but its not final yet.”)
- relevant statute