Legal Question in Credit and Debt Law in New York

liability for childs birth

My son was born 5/2000. I was refused medicaid and was unable to get insurance until 3yrs later. My sons father (never married) is in the military and did not take finanicial responsiblity for him when he was born. A judgement was filed against me by the Attorney General, the amount is now up to $18,000. Their office told me they sent the father a letter of demand payment, and that he and I are both 100% responsible for the bill. They just told me now that they can not add his name to the judgement because he is in the military, and he is ''untouchable'' while in the service. If he had taken responsibility when my son was born, everything would have been covered under his insurance. I am still unable to pay, but have made it clear, that I am willing to pay as soon as I can. Where do I need to start, civil court, family court, another court??? In order to make the father also responsible for this bill. In my view he should have to pay the whole thing, since his lack of responsiblity lead to the amount due. I would happy if he had to pay 50%! But don't know where to start, all help is appreciated.


Asked on 11/12/03, 10:18 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: liability for childs birth

You must bring an action to determine paternity.

Seek legal counsel. good luck.

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Answered on 11/12/03, 11:45 am
Guy Lewit Guy Mitchell Lewit, Esq.

Re: liability for childs birth

While you do not provide information about your financial situation I will assume you are entitled to representation by public counsel. YOu should check with your local bar association to see (a) if you are entitled to free attorney help and (b) if there are any law firms that will assist you PRO BONO (for free) based upon the particular circumstances of your matter. Military personnel are responsible for their obligations there are simply different rules regarding how they are compelled to pay. You must determine if the military man is the father and if so, he has paternal responsibilities...so you do have to get that issue resolved. WHere you are in New York dictates which court you must proceed in...and you can call the bar for help there as well.

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Answered on 11/12/03, 12:13 pm


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