QUESTION
How come someone has to go to jail and pay fines for child support for a child that’s not theirs?
Asked on Oct 08th, 2012 on Criminal Law - New York
More details to this question:
My fiance is going through some problems with child support. He is now in jail on a $5000 bond for a child who's DNA came back not his and that was about 10 years ago. So I am trying to find out what can we do to make this all go away.
3 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated.
Answered on Oct 09th, 2012 at 10:38 AM
Michael Paul Vollandt
Your friend waited way too long to have the court declare he was not the "Father" now the law says he is.
Answered on Oct 08th, 2012 at 6:58 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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It's because whether or not he is the biological father somewhere along the line his name ended up on a birth certificate for one reason or another and either he did not timely contest paternity or did and lost. So now, he is legally the father whether he likes it or not. It's called being the "punitive father." That said, he also has parental rights over the child that he can exercise, so he has that going for him. But he has to pay the money.
Answered on Oct 08th, 2012 at 6:56 PM