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Attorney explains law that forces man to pay support for other man’s child

A Davenport man who is being ordered by the state of Iowa to pay child support for a child he didn’t father will have to fight it out in court.

DAVENPORT, Iowa -- A Davenport man who is being ordered by the state of Iowa to pay child support for a child he didn't father will have to fight it out in court.

Joe Vandusen received notice to pay child support for a child who was born last year to his estranged wife and another man. Vandusen has not had contact with the woman for about 16 years.

The law on the books in Iowa, Illinois, and most other states, holds a man responsible as the "legal" father if he is married to the woman, even if he is not the biological dad.

"It's a premise that's been around probably for a couple hundred years," said Quad City attorney Dave Morrison, who is licensed in both Iowa and Illinois.

Related: Davenport man protesting law that requires him to pay for another man’s child

"It's codified in Iowa law, that if you are married to a person, any child born to that marriage that both parents are considered to be the legal parents of that child," he said.

Morrison says he sees it happen more than you might think, even though paternity could be determined with a simple DNA test.

"The law always tracks a little behind technology, technology always out paces the law, and this is one of those cases," he said.

Vandusen and others who find themselves in a similar situation have only one recourse. Petition the court to "de-establish" paternity. The cost of that type of case and hiring an attorney will wind up being more money than paying for a divorce.

Vandusen said he didn't have the money then, and doesn't have it now.

The lesson, says Morrison, is if you are married, but separated, and intend to remain that way, get the divorce.

"Go through the formality," he said.

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