Legal Question in Family Law in New York
Child support Upon Death
I have a newborn whose father lives with his wife of 20 years with 2 children. He had an affair with me. He's quite older than me. His name and her name are on the deed to his house and he has a pension. He's recently gotten sick and I'm worried that if he passes away- would I recieve anything for my child? Or would it end? He now pays 1400 in child support a month. He does have a life insurance policy for his 2 children, but that does not include me or his child. Would I be able to take any kind of action with his wife? I'm worried. Thank you.
2 Answers from Attorneys
Re: Child support Upon Death
Was there a paternity test done? Is the father's name on the birth certificate? The $1400 child support that he is paying, was it volutary or was it court ordered? If no paternity test was conducted, you might want to commence a proceeding to declare him as the father. This way, your child would be deemed a legal heir. You may also want to seek a modification of the child support order in light of his recent illness. If there is a court order for support - I would need to see it to be absolutely sure about your recourse. Please contact me for futher information or to schedule a consultation.
Lissa Luke, Esq.
This information is provided for educational purposes only. This response does not establish an attorney-client relationship with this firm. An attorney-client relationship with the Luke Law Offices will only be formed once this office has been formally retained as counsel or has recognized such a relationship through a written document.
Re: Child support Upon Death
Well, when you filed for child support you should have asked the court to have the father get a life insurance policy naming your child as the beneficiary. Because if something happens, there is no guarantee that your child would get anything, unless the father has been named as the "legal father".
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