Legal Question in Family Law in New York

Child Support question

During a fling in 1984, I got a girl pregnant. I advised her not to have the child, she decided to have the child and stated she needed nothing from me. Recently, she now says she wants child support, the child is now 18 years old.

I am married and have two small children of my own. The child, just had a baby and is living with her boyfriend in the state of new jersey, where i also reside. The woman lives in new york city and is married. I have not paid any child support to this point. She plans to go to some enforcement agency. My question is when is this child considered an adult, and what are my options?


Asked on 4/12/02, 7:26 pm

2 Answers from Attorneys

Ryan Dornish Ryan A. Dornish, Attorney At Law

Re: Child Support question

Thank you for your inquiry. Please be advised that I have not been retained to represent you and I am basing any information on the limited facts you supplied.

However, based on your facts, the ex-girlfriend from 1984 never asked you for support, your child from your ex-girlfriend is over 18 years of age and she now resides with a boyfriend and a child of her own in a separate state and separate residence from your ex-girlfriend. Because the girl is over 18 years old, you have no agreement to provide support of any kind and the child no longer resides with your ex-girlfriend, you will not be forced by anyone to pay any monies to your ex-girlfriend or your daughter. Your daughter from that relationship is emancipted and your obligations to her are legally over. Keep in mind this is based solely on the facts you provided and you should not rely on my comments as absolute since I may not have all of the facts, but on the facts provided, you have nothing to worry about and you have no need to contact a lawyer or take any action at this time. If an agency contacts you regarding your wife's request for you to pay support, let me know what the agency says but whatever it is, based on the facts presented you should prevail. If there is any other legal issue you would like to discuss regarding this or any other legal matter, please do not hesitate to contact me at 908-537-7975.

GOOD LUCK

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Answered on 4/12/02, 9:08 pm
Bruce Matez Gerstein Grayson, LLP

Re: Child Support question

Thank you for your e-mail regarding the issue of child support for an 18 year old. In New Jersey, retroactive child support is not permitted by statute. Therefore, any application for support would be prospective (from here forward). Based on the facts you have related, it sounds that your 18 year old daughter is emancipated as she does not reside with her mother, but with her boyfriend and their child. It is unclear as to what the basis for the mother's application would be. Please see an attorney for a consultation regarding these issues. Do not rely on this e-mail without speaking to an attorney directly and providing all facts in your matter. Our firm's family law department has experienced attorneys who can provide guidance and representation, as necessary. Please call to schedule an appointment. 856-795-6700. K.Scheiner

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Answered on 4/16/02, 12:00 pm


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