QUESTION
My Son has to pay child support on a child 13 years old he did not know he had. He cannot afford a lawyer and does not know how to get help with answe
Asked on Jan 22nd, 2013 on Child Support - New York
More details to this question:
My son was served papers a couple of months ago stating he had to give a DNA test on a child he had been informed by the ex girlfriend was not his. the child is now almost 14 years old. My son has another son that lives with him that he supports fully.The DNA came back positive and now he has been told he has to pay $ 618 in child support to a child he never knew was his. He cannot afford an attorney. He is in so much debt from an ex wife and does not have extra money. He needs to find out if this can be modified or find out if there is a rule that states that if he was told the child was not his and then went on with his life does he even have to pay child support at this point. The mother said she only filed because she was no longer receiving overtime at work. What recourse does he have?
1 ANSWER
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Richard F. Sweeney, Attorney at Law
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There's not much your son can do. If he is the father of the child, and the court orders him to pay child support, he must do so until the child is 21 years old. There is 1 narrow exception, if the mother was living with another man who held himself out to the child as being the child's father for 2 or more years, then it is possible to have the other man held responsible for child support. The fact that the child is 13 does not relieve a father of responsibility for payment of child support. If your son is supporting a child already, the judge can take that into consideration when setting the child support amount.
Answered on Jan 24th, 2013 at 10:34 PM