Legal Question in Family Law in New York
Getting off easy
My mother gained sole custody of me when I was 7 years old. I am 18 and I was wondering, though my mother gained sole custody, was he liable for child support though he had no rights to me. He lost his rights do to domestic violence against me and my mother decided not to pursue support due to the fact she did not want him in our lives. However, I would like to know if he can get off that easy. He lost his rights, but does that automatically means he loses his respinsibility? I need to know if he gets off that easy, due to our paternally sympathetic judge he didn't even get jail time. Is their some way I can gain some justice for myself? Or is this just another one of those cases where the abusers get over?
3 Answers from Attorneys
Re: Getting off easy
Under New York law, child support is defined as a sum to be paid by either or both parents, pursuant to court order or agreement, for an unemancipated child under the age of 21. Whether or not your father had custody of you, is not really important when it comes to determining his responsibility of child support. You father is responsible for your financial well being, however, in your case we are talking 11 years, and depend or if you have a petition for child support, then that is more likely what you 2will be entitled to. Feel free to contact me for a free consulation at (718) 651-5283
Re: Getting off easy
Your father's culpability as an abuser and his obligaation to support his children are separate issues. For that matter, his legal and moral responsibilities are also completely unrelated to one another. The law says that both parents are obligated to support their children, but the Family Court Act also provides that retroactive child support is measured only from the date when a petition (for support) is filed. In NY, the obligation continues until age 21 or earlier emancipation. There is probably little, if anything, you can do to correct your father's failure to provide for you over the years. You or your mother may call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.
Re: Getting off easy
Further to the previous reply, if your parents were never married, then your mother can seek RETROACTIVE child support, from the time you were born, by filing a Paternity petition.
The age of emancipation in NY is 21 (not 18). You may also be entitled to college money from your father. Good luck.
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