My brother was divorced last year on the grounds of abandonment by his wife (she abandoned him and took his child 5 years ago) and he now has 17% of his pay deducted for child support for his son. She has lived in Florida for the past four years at which time she had another child with her lover. She is now threatening my brother with suing him for this child. They both entered and filed a settlement Agreement which details their divorce and child support terms. What are my brother's rights? Thank you?
1 Answer from Attorneys
Under New York State law a child born during a marriage is presumed to be the child of the marriage. If he was divorced before the child was born he is not responsible to support this child under New York State law. I would imagine that the same would be true of Florida law, although I would suggest that he consult with a family law attorney in that State to be certain. If the child was born during the marriage he will need to move for equitable estoppel, arguing that another party has held himself out as the child's father. This is more complicated and will require the services of an experienced attorney.