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Child Support Based on DNA Test

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  • 01-20-2010, 11:18 PM
    larsen161
    Re: Child Support Based on DNA Test
    So you're saying if something hasn't happened in a state, it can't happen in a state? Imagine where we'd be if that were true
  • 01-20-2010, 11:29 PM
    Dogmatique
    Re: Child Support Based on DNA Test
    Quote:

    Quoting larsen161
    View Post
    So you're saying if something hasn't happened in a state, it can't happen in a state? Imagine where we'd be if that were true


    Not quite. But what happens in a Nevada family court room has - quite simply - very little relevance when one is discussing a NY custody matter.

    Look, I get that "there is always a possibility". We ALL get that. But in this situation it just isn't relevant.

    Hey, if you have NY case law which specifically shows that a particular Nevada statute subsequently trumps NY statute, by all means share it with us.

    I'll be the first to eat crow!
  • 01-21-2010, 03:22 AM
    distressedmom
    Re: Child Support Based on DNA Test
    I had an interstate support and custody matter. What I learned is that you have to go by the rules of the state that has jurisdiction to hear and rule on the matter. It sounds like in this case its NY, so the advice to get information from a NY lawyer is correct.
  • 01-21-2010, 08:46 AM
    Mr. Knowitall
    Re: Child Support Based on DNA Test
    Quote:

    Quoting Dogmatique
    View Post
    Isn't it somewhat moot now?

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

    I suspect that, if those questions are answered, we would find that there are multiple impediments to trying to dispute paternity at this time; The answers may open up some sort of theory by which a paternity challenge is possible, but it's more likely that based upon the full facts we could present unambiguous authority that it is not.
    Quote:

    Quoting larsen161
    View Post
    But what happens in Nevada CAN be reviewed in New York and decided in the same manner.

    Dad doesn't get to move states and then relitigate paternity under the laws of his new state of residence. From what we've been told so far, the child is domiciled in New York, paternity was established in New York, and the New York court that issued the support order has continuing exclusive jurisdiction over matters affecting custody and support.
  • 01-21-2010, 10:35 AM
    Dogmatique
    Re: Child Support Based on DNA Test
    Quote:

    Quoting Mr. Knowitall
    View Post
    I suspect that, if those questions are answered, we would find that there are multiple impediments to trying to dispute paternity at this time; The answers may open up some sort of theory by which a paternity challenge is possible, but it's more likely that based upon the full facts we could present unambiguous authority that it is not.


    Fair enough!
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