Legal Question in Family Law in New York

my wife left me and the kids 21/2 years ago to be with her boyfriend. They just had a baby we are still married. Do I have to pay child support for that baby? We live in New York they live in Alaska


Asked on 1/12/10, 2:54 pm

3 Answers from Attorneys

Locksley Wade Law Office of Locksley O. Wade

No.

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Answered on 1/17/10, 5:19 pm
Paula McGill Paula McGill Attorney at Law

If there is a child support and custody order outstanding, you should move to modify it. Indeed, you may be able to get child support from her.

Also, licensed and practicing in New York.

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Answered on 1/17/10, 8:37 pm
Michael Markowitz Michael A. Markowitz, PC

First, you do not have to pay child support unless there was a petition for child support and/or you consent to pay child support.

That said, there is a presumption that the child from your wife is your child since you are married (see, Nelson L. v. Charo A. 224 A.D.2d 531, 637 N.Y.S.2d 789 [2nd Dept. 1996]). Therefore, Mr. Wade's short response is wrong. However, if the father's name is on the birth certificate, that presumption may be rebutted.

With that said, you really should be obtaining a divorce from your wife.

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Answered on 1/18/10, 6:00 am


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