How does annulment address child support?

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Question:

How does annulment address child support?

Answer:

Children and annulment can sometimes be a tricky issue. When a marriage is annulled, it is as if it never happened. It is not a special kind of divorce. It is a legal proclamation that the marriage is null and void. However, you first must have grounds for annulment, before considering child support.  Here are some of the reasons that a marriage can be declared null and void.

  1. If your spouse was already married at the time of your marriage, it is not a legal marriage.
  2. If your marriage has never been consummated, it is not legal.
  3. If one or both of you were younger than the legal age of marriage for your state, it can be annulled.
  4. If vital information has been withheld from you by your spouse, it may be grounds for annulment. This type of information includes serious illness, or if your spouse is sterile and did not tell you.
  5. If you are related to the extent that your marriage is illegal, it is not a valid marriage.
  6. If one spouse falsified information on the marriage certificate, it can be annulled.

If your marriage is annulled and you have children together, both parents are still responsible for the child. Child support should be ordered, in most cases, although there may be a problem if the father denies paternity. This is similar to an unmarried couple having a child. However, if the child is not related to one of the parents, that parent is not liable for support, unless there has been an adoption.

The laws on children and annulment can sometimes be confusing. That is only one reason why it is so important to have proper legal advice. Your attorney will have the training and experience to answer any questions that you have.

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