Legal Question in Family Law in New York

Child Support

Hello,

My husband and I have been married 16 years, we have a two sons. A fling from the past surfaced to us Nov. of 2006 and told us he has 16 year old daughter. The girl told him she was pregnant in 1991 when we first got together but he asked was it his and she said I don't need anything from you, hung up the phone and we never heard anything until 2006. She told another man it was his child until they broke up and the child started asking who's her dad. My husband initiated a blood test, we accepted the child as our own, started doing things for her, flying her to the state we live in, buying her clothes, sending money to them, etc. Does my husband have any rights of abandonement, mental stress, something, I don't know. Recently, we couldn't pay for something they told us at the last minute and the mom started threatening child support. This seems very unfair being that my husband would've happily supported had he known it was his child and that they even existed. The mom told us she chose to not tell us about the child. Please help. Thanks,


Asked on 1/28/08, 11:20 am

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Child Support

The father had the opportunity to pursue the paternity issue in 1991 when she told him she was pregnant, but he chose not to do so. Therefore, I don't think that he would fare too well by suing her for his failure to pursue his fatherly rights.

As for child support, the mother can seek child support from him until the child turns 18, and he has an obligation to provide that support -- no more and no less. Should he choose to do more, he certainly may, but he's not obligated to do so.

My recommendation is that he take this opportunity to provide a good example for this child, as it sounds like both parents have made questionable decisions in the past.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 1/28/08, 10:01 pm


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