Child Support Based on DNA Test

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Quoting Dogmatique

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He is not commencing a paternity proceeding - he is trying to disestablish paternity. There is a difference here.

(this from another law site)



(from http://in.answers.yahoo.com/question...9010232AAkIdcj )

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Very interesting. Maybe the only recourse will be an attorney.

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Quoting december4

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Very interesting. Maybe the only recourse will be an attorney.

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He'll need one familiar with NY law, not Nevada.

I have to ask - if he's been "Dad" for 13 years, is it solely because of the child support that he's looking to have paternity disestablished?

Does he have a relationship with the child?

Paternity was established by virtue of the parents having been married at the time of conception? Birth? Both? Or in some other way?

The child support and custody order resulted from the parents' divorce? How many years ago? Why wasn't the issue of paternity raised at that time?

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Quoting Mr. Knowitall

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Paternity was established by virtue of the parents having been married at the time of conception? Birth? Both? Or in some other way?

The child support and custody order resulted from the parents' divorce? How many years ago? Why wasn't the issue of paternity raised at that time?

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Isn't it somewhat moot now?

(or are we talking about, for example, fraud and/or duress?)

Help me learn :cool:

[QUOTE=Dogmatique;386183]Isn't it somewhat moot now?

(or are we talking about, for example, fraud and/or duress?)

Help me learn :cool:[/QUOThere
I will get his answer and get back to you.

[QUOTE=december4;386187]

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Quoting Dogmatique

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Isn't it somewhat moot now?

(or are we talking about, for example, fraud and/or duress?)

Help me learn :cool:[/QUOThere
I will get his answer and get back to you.

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Hey Dad,it's all anonymous,so it doesn't matter. No,my attempts at having a relationship with him have been stifled by her and he doesn't resemble me at all. That and her history leaves me to wonder. He was born prior to marriage. The main thing is that I want her totally out of my life and it seems that he is that string that holds on for her. If he is not,yes,I do believe I was fraudulently charged for the support.She,at one point,told her friends that if she had a child,that would be her way to keep me around. When she dropped it,I thought it was all over with,but it seems it's her only recourse to stay a part of my life. There was nothing in the divorce decree because I sued her for abandonment and therefore no real custody/support could be established,although it is in the decree. There is nothing about finances,only visitation rights. I don't think suing her for fraud would be worth it,but maybe NYS should pay up. However,that is getting too far ahead,paternity hasn't been established yet.
It isn't so much I don't want to be part of his life,but if he isn't really mine,there would be a continued animosity toward the child (brought on by the mother) that is unfair to him. Let me know anything else you may need to know.

OP first stated:

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My sons name is on the childs birth certificate as the father.Howevewr he has reason to believe that the child is not his.

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In the state of New York, you CANNOT go on the birth certificate without one of two things happening - you either signed an AOP, or the court declared you the legal father.

Now Dad's post:

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it's all anonymous,so it doesn't matter.

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What does that mean? :confused:

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No,my attempts at having a relationship with him have been stifled by her and he doesn't resemble me at all. That and her history leaves me to wonder. He was born prior to marriage. The main thing is that I want her totally out of my life and it seems that he is that string that holds on for her.

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Haven't you filed for visitation? And physical resemblance means nothing. Trust me. My toddler resembles a particular actress and I assure you the actress in question had nothing to do with my little girl's conception.

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If he is not,yes,I do believe I was fraudulently charged for the support.She,at one point,told her friends that if she had a child,that would be her way to keep me around. When she dropped it,I thought it was all over with,but it seems it's her only recourse to stay a part of my life.

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Seriously, you're missing the point. It would appear that you ARE the legal father.

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There was nothing in the divorce decree because I sued her for abandonment and therefore no real custody/support could be established,although it is in the decree. There is nothing about finances,only visitation rights. I don't think suing her for fraud would be worth it,but maybe NYS should pay up. However,that is getting too far ahead,paternity hasn't been established yet.

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If you are on the birth certificate and have been paying child support, paternity has absolutely been established. And please explain the bolded.

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It isn't so much I don't want to be part of his life,but if he isn't really mine,there would be a continued animosity toward the child (brought on by the mother) that is unfair to him. Let me know anything else you may need to know.

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Not my place to comment. Sadly.

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Quoting december4

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Thanks again for your reply. Is there any exception where a court would recognize the results of the dna test?

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Yes, there are exceptions where a court will recognize the results. Love v. Love, 114 Nev. 572, 959 P.2d 523 (1998)

What happens in Nevada does NOT necessarily happen in New York - which is where Mom and kiddo live.

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Quoting Dogmatique

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What happens in Nevada does NOT necessarily happen in New York - which is where Mom and kiddo live.

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But what happens in Nevada CAN be reviewed in New York and decided in the same manner. There are numerous cases in numerous states all that disestablish paternity in married couples. See page 21

I haven't read all those cases or even read that whole article but presume them to be as labelled.

I just wouldn't go saying that there is no legal reason to ask the court to do so, there seems to be reasons, reasons New York may feel are justified and agree.

The time to challenge does not seem to preclude actions to be taken if the courts so determine.

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Quoting larsen161

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But what happens in Nevada CAN be reviewed in New York and decided in the same manner. There are numerous cases in numerous states all that disestablish paternity in married couples. See page 21

I haven't read all those cases or even read that whole article but presume them to be as labelled.

I just wouldn't go saying that there is no legal reason to ask the court to do so, there seems to be reasons, reasons New York may feel are justified and agree.

The time to challenge does not seem to preclude actions to be taken if the courts so determine.

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Seriously. You need to observe and take note of New York cases. Please, don't give OP false hopes.