Legal Question in Family Law in New York
Does my brother have recourse (tricked by wife)
My brother(now 43 yrs old) prior to marrying his 2nd wife (30) had a verbal agreement that they were not to have kids. His wife knowingly stopped taking her birth control pills and got pregnant. She knew about the pregnancy and told him about it the day before Mother's Day and said that she was 14 weeks pregnant. He doesn't want her to have it, she wants to keep it. He feels betrayed, has a daughter (16) from a previous marriage and is not up to raising another at this stage in his life. She claims she won't need child support fromm him; he tells her he would send her money but will not have anything to do with the baby and plans to divorce her. It's not fair that he has to pay for something he did not plan and of which she tricked him by not taking her birth control pills. He's trying to save for retirement, not for raising a child again. Does he have any legal recourse?
2 Answers from Attorneys
Re: Does my brother have recourse (tricked by wife)
No. Your brother does have not any legal recourse.
He will be obligated to pay child support until his child attains emancipation or majority. Or, if the child is adopted by another, child support from your brother will no longer be required.
Notwithstanding any thing the mother says or may agree to sign, Child Support will remain an obligation until or unless one of the above circumstances exists.
Good luck,
Re: Does my brother have recourse (tricked by wife)
unfortunately he probably doesn't - he could have had a vasectomy if he didn't want to have kids, and the state doesn't care that he didn't want the baby - the baby is innocent and the state doesn't want the child to become a ward of the state - advice would be to get an attorney, put together a separation agreement, where wife agrees to the terms they discussed - unfortunately again, child support is a right of the child, not the parent, so there could be situations, where even her agreement could be changed in a Family Court proceeding if she can't mee the monthly needs.
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