Legal Question in Family Law in New York

I have a 27 year old child?

Can there be a request for back support after 27 years? Did not even no the child excisted. Now child want to find the father, and has requested a DNA test. Is there any way they can get back support after that many years. I was 15 years old when she was conceived. Is it safe to do the test? I'd like to get to no her if I am the father. But don't want to owe her money.


Asked on 9/10/04, 11:20 am

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: I have a 27 year old child?

You are NOT chargable for child support or arrears, to or for, a 27 year "child" who was not determined to be your child, prior to the child's majority, since your obligation to support did not "legally" exist. You are also, not chargeable with "retroactive" child support. (That means you cannot be charged with child support you should have paid, if you had previously been determined to be the biological father}.

Even if a Court Order for Child Support exists and you were determined to be the father by a Court (exparte), Marriage to the mother, a Blood Test, or Your Consent, it is likly that the Statute of Limitation (ie., the time for bringing suit for the money claimed due), for enforcement expired when the child turned 25.

A DNA test for paternity is an entirely safe medical procedure, that can be performed at any time. If the test is performed properly and by a reliable and reputable lab, the results are very reliable.

Good luck,

Phroska L. McAlister,ESQ

Read more
Answered on 9/11/04, 1:02 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York