Legal Question in Family Law in New York
FIRST BORN child support rights compared to illegitimate child suport rights
My husband had an affair while married to me and he produced a child. Prior to his affair, we had a son together. My husband signed a Paternity Agreement with the other woman upon birth of their child. He, however, DID NOT have legal representation when he did so. He has beeen paying the same amount of support for many years now, and during this time we have experienced EXTREME financial distress. We are at the point of losing our home due to the financial difficulties this child support PAYMENT AMOUNT has caused us. As I stated previously, we have a FIRST BORN SON together, produced legitimately during our marriage. What are HIS rights under the LAW?? Should he have to be forced from his home and the life he has known LONG before this other ILLEGITIMATE child was born? Does the legal system recognize HIS best interests FIRST or not? Will the courts REDUCE this support payment in RECOGNITION of our FIRST BORN sons needs? We are struggling to live and OUR son stands to lose the only home he has known since his birth. Can we get the child support payment reduced TAKING INTO CONSIDERATION that WE had a child PRIOR to my husband's affair?
2 Answers from Attorneys
Re: FIRST BORN child support rights compared to illegitimate child suport rights
You seem to be saying that your "FIRST BORN" child should have more rights than the "ILLEGITIMATE" child.
Their rights are identical and EQUAL and your labels do not change the fact that your husband has TWO CHILDREN HE IS OBLIGATED TO SUPPORT. It appears you may be angry at the wrong "person."
Anyway, is he paying CS by court order? If so, he returns to court and petitions for a downward modification due to substantial change in his financial circumstances.
If he has been paying voluntarily or solely through a "Paternity Agreement", he needs to tell the Mother that he will be paying less. She will then take him to court and the appropriate amount will be fixed by the Judge taking into account your Husband's finanacial status.
Was there ever a paternity test?
Re: FIRST BORN child support rights compared to illegitimate child suport rights
This is a diffcult situation. While your husband deserves no accolades for having sired a child outside your marriage, you are both due my respect for acknowledging the child and taking responsibility.
The child support agreement is a contract between you and this other woman. While a court is likely to take this into account when making a support order, the court is not bound by this agreement.
The court has the authority to make almost any support determination that the court decides upon. In this case, it would be less than the agreement.
There are also some other, more creative actions that can be taken to help you in this matter.
You are welcomne to a consultation for no fee. Email is best to make an appointment.
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