An Iowa man is being forced to cover child support payments 16 years after separating with his spouse, despite him not being the father.

Joe Vandusen was shocked when he received a letter from the Iowa Department of Human Resources last month requesting the payments.

He told WQAD: 'I opened it up and it was child support, for a kid that is not even mine.'

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Joe Vandusen (left and right) was shocked when he received a letter from the Iowa Department of Human Resources last month requesting he pay for child that he did not father

The child was born a year ago to his long estranged wife - who he has not had any contact with whatsoever for about 16 or 17 years.

But, since Vandusen has never divorced from his wife - despite their long-term separation - he is legally responsible for the child.

And Child Support Recovery Unit are now demanding he pays up.

He said: 'I explained to her this is not my child. I'm willing to do a paternity test and she flat out told me it does not matter, you're legally married to her.

'You're going to pay child support.'

While the couple broke up some time ago, because the child was born when they were technically still married, Iowa - and many other states such as Texas, Michigan and Alabama - require the husband to pay support.

But Vandusen believes that the law should be corrected.

He said: 'I think it's wrong, it shows Iowa needs to change their laws.'

CHILDREN BORN UNDER MARRIAGE: THE LAW EXPLAINED 'The husband is presumed to be the father of a child born during or after his marriage to the mother. In some states, there is an irrefutable presumption of paternity. This means that if a child is born during the marriage, you will be deemed the father, even if a DNA later says otherwise. 'Other states do allow you to rebut, or challenge, paternity if you comply within strict time limits to challenge paternity. 'If you consent to your divorce being finalized without contesting paternity, you will forever be deemed the father. 'This presumption cannot be rebutted, even if you didn't have reason to believe the child was not yours. 'Once a judgment or order decrees that you are the father of a child, challenging the judgment with an appeal or motion, even on grounds like fraud , is very time sensitive and difficult.' Source: Family-Law.freeadvice.com Advertisement

Vandusen has two biological children and is also helping to raise two non-biological children with his current girlfriend of five years

Vandusen, who was born in Kentucky according to Facebook, has two biological children and is also helping to raise two non-biological children with his current girlfriend of five years.

A spokesperson from the Iowa Department of Human Resources told WQAD that by law he is considered the legal father of the new child and that his only recourse is to petition the court to 'de-establish' paternity.

But this would mean going to court and hiring an attorney, which Vandusen cannot afford.

He said that since was recently laid off, he and his family are already struggling financially and are not able to afford the $2,000 retainer fee that a lawyer requires.