Legal Question in Family Law in New York

Child Support

Can a child support case (default order) really ever be over? I have been stuck in this default order for almost 6 yrs. I just want the opportunity to take a DNA test to finally know the truth about this child that I have never seen. What does it take to reopen a case after the judge says its closed. One of the complications is that the case is in New York, but I live in Alabama.


Asked on 4/09/07, 3:57 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child Support

Apparently, you have been stuck with two (2) NY default judgment/orders, for six (6)years. Which, you clearly should have addressed long before now.

(Please note: a Child Support Court Order, for an out of wedlock child, is not granted or entered, in NY, before entry of a Paternity or "Filiation" Judgment/Order. An in-wedlock child, is presumed to be the child of the husband)

However, if you did not Waive your jurisdictional objections; and NY did not "actually" have jurisdiction to hear and determine your paternity or child support obligations, you might have grounds to vacate your default judgments. And, the mother may be compelled to begin the process again.

Good luck,

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Answered on 4/10/07, 7:11 pm
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: Child Support

If you mean you have an order on default, then the case should have been reopened a long time ago. You can file a petition to modify the order based on your current income. The thing is the court can deny you the right to take a paternity test based on "estoppel" meaning you have been paying all this time. Or even if they do and the results come bakc negative for paternity, the courts can still direct you to pay based on the same theory. YOu need an attorney in NY to file the petition and have the order re-examined. Contact me via email.

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Answered on 4/09/07, 5:40 pm


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