QUESTION

Can I file for child support while waiting for court hearing this Dec 12, 2013 for paternity test?

Asked on Oct 13th, 2013 on Child Support - New York
More details to this question:
Im legally married in Philippines but I have a son to my ex-boyfriend. Can I get child support while Im still waiting for the paternity test which has a court hearing this Dec 12, 2013? Its way too long to wait.
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1 ANSWER

Family Law Attorney serving New York, NY
2 Awards
You can file for child support now, and in most cases it was already done as part of your paternity petition.  However, the court is not authorized to issue any order of support, even a temporary order, until paternity is established and the court issues the order of filiation.  In other words, until you return to court on December 12, 2013 to hear the results of the DNA test, even if you file for child support you will not be entitled to receive any until after December 12, 2013.  
Answered on Oct 14th, 2013 at 3:33 PM

Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com

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