Legal Question in Family Law in New York

Child Support

Federal DNA Test, MA proves I am not the father,Jefferson County Courthouse, NY made me the father while I was U.S. Army active duty, they will not give me a hearing, I am out of jurisdiction. Can I make a civil suit against the mother and the courthouse


Asked on 4/13/07, 9:10 pm

2 Answers from Attorneys

Johm Smith tom's

Re: Child Support

I'm not a MA attorney, but courts do not like to leave children without parents so you will be fighting an up hill battle because you waited so long. Many states have traditionally not let a "father" get out of those responsibilities unless they can be passed to the real father. Otherwise, the children will suffer and they figure if you could have been the father then what is the difference who pays for the child.

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Answered on 4/13/07, 11:18 pm

Re: Child Support

Timing is the critical issue. When did the NY Court enter the order? When did you learn of the order? When did the DNA test clear you? If the court or mother did not afford you your rights under the Servicemembers Civil Relief Act, you may have a cause of action.

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Answered on 4/14/07, 7:14 am


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