If I file for a divorce is it possible not to ask for child support because we have one child not biologically his?

A child born during the marriage is presumed to be the husband's child. In many cases during a divorce the parties can ask for and get a court order declaring the husband to not be the father. This is often a complicated issue. See my Answers and Legal Guides on divorce and paternity for more information about the legal issues raised by your inquiry. Please keep in mind that although my Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. There are always exceptions to the general rules. To find my Answers and Legal Guides, click on my photo. On my home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides" or “Answers.” Scroll down the list of my Legal Guides or do a topic search in my Answers and select those which are relevant to your question. If you like my Answers and Legal Guides, please make sure you mark them as “helpful” or “best answer”. Thanks in advance for your support. © Bruce Clement

"he was with her and raised her" does not necessarily make the husband the child's legal father. On another hand, if the child has lived with the husband since her birth for two years or longer, he is likely the presumed father of the child. What you should do is review the specific facts with your attorney. The specific facts may or may not support an argument that the husband is the child's legal father. Only if the husband is the child's biological father would any court finds that he is her biological father. He is her biological father only if half of her DNA comes from him. If the husband is not the child's legal parent, he is not going to be ordered to pay child support for the child.

If his name is not on the Birth Certificate, he is not the legal father and thus the Court cannot order him to pay child support. If this is the case, yes, you can put in your divorce agreement that the minor child is not the child of the marriage and thus you are not seeking any child support for the child. If however, his name is on the Birth Certificate, then the biological father needs to come forward and claim paternity. Otherwise, he is the presumed father and you thus cannot put in the divorce agreement that you are not seeking child support from him. The Court is not going to approve that kind of language in the divorce agreement.