Legal Question in Family Law in New York

About 6 months ago my ex brought me for child support and visitations, it was ruled that I pay her a set amount of money every month but since then i have raised doubt that this child is mine and she recently changed the child's last name, Do I still have obligations towards this child and if I have the legal right now for a DNA test.


Asked on 12/14/11, 11:11 am

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

There is a court order for support out that names you as the father of this child. That obligates you to pay the support until a DNA test proves your are NOT the father AND you go back to court to get the current support order vacated.

You'll have to pay for the DNA test. You can get a cheap one for under $100, but I don't know how accurate that test is, and the court will not recognize it as reliable (meaning that you would have no valid evidence that the child is not yours, if that is how the test turns out). You should go to a reputable DNA testing lab, which charges around $500 for the test and provides you with a document that is admissible in court.

The test requires a DNA sample from both you and the child.

I'm in Schenectady and can help you with this matter. Feel free to contact my office at 518-371-4599.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 12/18/11, 7:57 pm


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