Legal Question in Family Law in New York

Quesiton from New York State: My wife and I have been married for 4.5 years. The relationship has been troubled for a long time. We've both contemplated divorce. In an effort to try to make her happy, I agreed to try and have a baby. This was against my better judgement, as I had no wish to be a single father. Stupid - I know. I just did not want to call it quits, I hate to give up.

Anyhow, she is now 7 weeks into what looks like a healthy pregnancy. Unfortunately, relationship continues to deteriorate and she again raised the issue of divorce. She said she would willingly terminate any parental responsiblity for me and release me of any attachment/responsibility (financial and otherwise) for the child. We would be divorced before he/she is born.

Question - can this be legally done in NYS? Can I absolve myself of any legal connection to this child and the mother if the mother initates it?

We both work. Although she makes a good deal less money than I do (she earns around 75K) as a civil servant, she has MUCH more job stability and far better benefits - including health care, pension, etc. My pay is roughly 75-100% higher, but can fluctuate greatly. I am in a business where layoffs are common.


Asked on 12/28/11, 7:54 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Question - can this be legally done in NYS?

A. Yes and no. You can draft an agreement where the wife waives child support. However, if the mother experiences an unforseen change of financial circumstance she may petition and the court will force you to pay child support.

Mike.

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Answered on 12/29/11, 5:20 am


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