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In many states, yes, but there's a drawback. If she really does know who the father is, she can still stop the support against the stepfather, as any time, than file for retroactive child support against the bio dad. This has been turning up in a number of paternity fraud cases of late.

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Q: Can a spouse get child support if legally married and had a child prior to marriage and the husband raise and and supported him and the biological father is unknown?
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