Whew! Sperm donor or not, at least Gutierrez is legally considered the father, and therefore financially responsible for, the six older children. Whew!
I don't know if I agree with you on that one. If he was on the birth certificate as the father, that's one thing. But I don't think he is. It appears the sperm donor is. There is a "legal father" aspect that you hear about which
most often comes into play if the wife conceived the child with another man and that man wants parental rights to the child. Many states (and I
think CA may be one of them) go with the public policy of the child being the "child of the marriage" if it was conceived during the marriage, the marriage is intact, and the husband is asserting parental rights. Meaning, if the husband wants to be the daddy, the biodad doesn't have a leg to stand on so long as the H&W stay married. But once they divorce, he can try and assert his rights. If the husband has claimed to be the daddy for years, he can't just walk away at this point and say, "They're not mine!" Once you stake a claim, you must keep supporting them. But after a divorce, the biodad can come forward and try to get visitation, etc. But that's not what we're dealing with here.
In this case, the marriage was legally intact, but they were separated. I don't think the husband ever claimed to be the father of the children and I don't think the mother ever asserted he was. It seems she named the sperm donor/friend as the father on the birth certificates.
If this is true, that doofus is the one who is liable for child support, not her former husband. Given the sketchy facts we are aware of....and heaven knows the mother wouldn't know the truth if it bit her on the hiney......I think the former husband is going to get a pass. And he should. Being married to that loon was punishment enough.
This is a serious simplification, but if you have a legal husband and a biodad, someone needs to clarify EARLY ON just who the daddy is. If you are the husband and you want to be daddy, depending on the law in your state you are probably in a good position, especially if you're named as the father on the BC. If you're the biodad and you want to be daddy, you'd best hope mommy names you on the BC and the laws of the state give you a window of rights, because many do not unless the couple divorces. If you are the husband and you do not want to be the daddy (as in this case) someone else needs to be named as daddy on the BC or else you had better make certain you are legally declared NOT the father of that kid ASAP. Because if no one else steps up as daddy, the law presumes the husband is daddy. Husband needs to start yelling, "The kid isn't mine and I want that on record." That's how he'll get out of 18 years of child support. Staying married to the wife and then speaking up 7 years later about her infidelity and the baby not being yours is too little/too late. Sort of like the marriage ceremony....Speak now or forever hold your peace.