Legal Question in Family Law in New York

Collect retainig fees from the father who keeps adjourning the case

Never married. I filled a petition for paternity and a child support. He claimed that he loves our 7 year old son. Even insisted on an establishing relationships between his parents and a child after we broke up. I never asked for money till I realized that he works. 1st time, he didn't show up after he was served. Prior to the 2nd time his lawyer(yes, he retained a lawyer) asked me to adjourn the case due to some personal issues. I refused. 2nd time he wasn't clear enough on what he and his lawyer wanted and the case was adjourned for the 2 time. 3d time his lawyer asked for DNA test.

This is absurb. We lived together as a family and he wanted a child, the child looks like him and he never showed any doubts in the past 7 years. But when it came to money, he suddenly changed his mind. The child is his, no doubts.But I intend to retain a lawyer and sue him for the fees. The reason? I went per se 3 times, but I feel that there is something fishy and I don't trust him. Do I have a chance to get my attorney fees back in a small claim court? He tries to buy time and I pay finance and late fees on my credit cards since my child expences are very high and he keeps adjourning the case.


Asked on 7/02/02, 3:15 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Collect retainig fees from the father who keeps adjourning the case

You need an attorney to represent you. Put a statement on the record in court that you need temporary child support immediately & why.

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Answered on 7/02/02, 11:58 pm
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Collect retainig fees from the father who keeps adjourning the case

It's not uncommon for a father to contest paternity when he is suddenly asked to pay. Most of what he is doing may be on advice from his attorney.

You can ask for attorneys fees in Family Court. (This does not mean you will get them.) That would be the appropriate place to ask for attorneys fees, not small claims court.

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Answered on 7/03/02, 6:21 am


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