Wage Garnishment for Child Support for a Child That Isn't Yours

My question involves child support in the State of: New York

My boyfriend is facing having his wages garnished by his former domestic partner for child support. He hasn't been in contact with her for three years, and the child is two or so. I need to know if she has a legitimate case against him, even though the child is clearly not his. And if there is anything he can to stop this from happening.

If he's subject to a wage garnishment order then he has been determined to be the child's legal father, whether by virtue of his signing an acknowledgment of paternity or his being determined to be the father through a paternity action. How was he determined to be the father, how long ago did it happen, why does he believe he is not the biological father, and why has he waited until now to consider taking action on his suspicion?

So he hasn’t been in contact with her at any time since before the child was born according to your facts, right? After all, you said he’s had no contact with her for three years and the child is just about two years old, suggesting that he may not have seen her much, if at all, after the child was conceived. If that’s true, then how did he determine that the child is “clearly not his.”? Is he claiming he had no intercourse with her during the potential period for conception? Unless he did not have intercourse with her during that time, how can he possibly know the child is not his? If he’s going by how the child looks, that’s not a very accurate way to determine paternity. If he had no contact with since before the child was born, that also indicates he could not have signed the birth certificate or other acknowledgement of paternity. Is that correct or did he sign one of these documents? If he did not sign anything, then the only way he could have been determined the father is by a court paternity action, and he’d have been served with the complaint for that. Even if he did sign something, he would not be getting his wages garnished if there was not a court order of support against him, and again for that he would have been served the complaint. If he was served the complaint and simply didn’t respond, then he lost by default. That’s not a good idea if you dispute paternity. If he responded and challenged paternity then evidently paternity was proven to the satisfaction of the court, almost certainly by a DNA test. I suspect that perhaps your boyfriend isn't telling you all the facts here.

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Quoting glane22

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My question involves child support in the State of: New York

My boyfriend is facing having his wages garnished by his former domestic partner for child support. He hasn't been in contact with her for three years, and the child is two or so. I need to know if she has a legitimate case against him, even though the child is clearly not his. And if there is anything he can to stop this from happening.

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I hate to be the one to ask this, but is he actually being honest with you? Garnishments don't happen for no reason at all ....

If he wasn't the father, he could have gone to court and proved it, which he clearly has not. And don't let him tell you that he can't afford an attorney, because there is legal aid and pro.binoculars attorneys.

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Quoting Mercy&Grace

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And don't let him tell you that he can't afford an attorney, because there is legal aid and pro.binoculars attorneys.

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Pro binoculars is a new one. :D I’m guessing auto correct strikes again.

Yes, its auto correct, I'm sorry I meant pro bono.

I would like to offer support in the way of bean there done that. My husband's ex moved to TX after having a daughter that was not his. She went to TX and lied to the court that there was "no other possible father" as well as other lies which made them think they had jurisdiction. Since their divorce was not finalized her in CA the TX court said he was the father. It took the child being taken by CPS to get a DNA test as we were about to be given custody of a child that wasn't his and we had never even met. So now we have proof he was telling the truth and TX law states that he must pay all the child support from when they original order was made until the DNA was done. He has a wage garnishment to pay this bill. She knew the whole time it was not his child (obviously since they were not together when she conceived) yet the court let her lies cause this mess. I don't know what the answer is for you. We found that we could get no help in TX until the CPS judge got involved. We did get a court appointed lawyer, but my husband still had to fly there and speak to the judge and accept "responsibility" and custody before the judge ordered the DNA. Then the AG tried to clock the test and samples had to be taken again and we had to pay for the test. It sounds like NY goes on the same idea that any dad to pay is better than the truth.

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Quoting srcolberg

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She knew the whole time it was not his child (obviously since they were not together when she conceived) yet the court let her lies cause this mess.

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Then he knew, as well, but for some reason chose not to dispute paternity within the divorce case. That was a poor decision on his part, as it could have prevented everything that followed.

You are assuming incorrectly. He did protest every step.