Legal Question in Family Law in New York

Re: Child support for non biological children

There are a number of factors that one can't be sure of from the 'scenario' you present - - which factors have a lot to do with trying to answer your question accurately.

For instance: are you married to the mother of the children; were you married to her when any of the children were born; has a determination ever been made as to the 'true' biological father's status; have you participated in 'raising' the children - - lived in the same household, contributed to their support (e.g., food/clothing/shelter); have you so situated yourself vis a vis the children as to be identifiable as "a parent"?

Let me re-phrase your question: "Can a 'step-parent' be held liable for child support for the 'step-children'?"

The answer is: Yes.

In NY State, the issue of the payment of child support is considered to have no bearing on the issue of visitation. Put otherwise: it is not permissible for a parent to deny visitation based solely on the non-payment of child support.

You might want to bear this in mind: a determined effort on your part to 'enforce' visitation is likely to be taken into consideration on the issue of whether you are acting "as", or 'like', a parent to the children. Put otherwise, if you were inclined to try to avoid a child support obligation on the theory that you aren't, weren't, shouldn't be deemed to be a 'parent', clamoring for visitation might be viewed as contradictory to that theory.

Regards, etc.,

J. M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

Re: Child support for non biological children

If you can prove you are not the father of the children, you should not be liable for the support of the children. This may involve DNA tests, or other forms of proof.

You should retain an attorney. There is often a bias against fathers in these types of proceedings, and you need an attorney to help you meet and hopefully overcome that bias.